KUALA LUMPUR (Aug 16): Former Treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah’s bid to strike out a US$6.59 billion suit filed against him by 1Malaysia Development Bhd (1MDB) will be heard by a new judge, Judicial Commissioner (JC) Roz Mawar Rozain.
The hearing date remains on Oct 19, said lawyer Lavinia Kumaraendran, who represented Mohd Irwan, when contacted after case management on Tuesday (Aug 16).
Mohd Irwan’s application was previously slated to be heard, together with a similar bid by former 1MDB chief executive officer Arul Kanda Kandasamy, before JC Datuk Amarjeet Singh, who is understood to have been transferred to the Appellate and Special Powers Division of the Kuala Lumpur High Court.
Roz Mawar was formerly the deputy director (prosecution and civil enforcement) of the Securities Commission Malaysia.
1MDB filed the suit against Mohd Irwan and Arul Kanda for alleged breach of fiduciary duty, fraud, conspiracy, breach of trust, and dishonest assistance.
The statement of claim said Arul Kanda and Mohd Irwan are liable for fraudulent breach of duties and fraudulent breach of trust, resulting in the company paying a sum of US$1.83 billion to 1MDB PetroSaudi Ltd, which was converted into stakes in a company called Brazen Sky, and then converted into an investment in Bridge Global Fund.
1MDB also claims that the duo committed fraudulent breach of duties and breach of trust, which resulted in a payment of US$1.265 billion to the International Petroleum Investment Company on May 9, 2017, as part of a consent award, and US$3.5 billion being misappropriated from the company to Aabar BVI.
In total, 1MDB is claiming US$6.59 billion from the duo, as a result of the purported breach, and an additional RM2.9 million against Mohd Irwan for fraudulent breach of duties and trust resulting in an extension of the employment agreement.
Court sets Oct 19 to hear bid by Irwan Serigar, Arul Kanda to strike out 1MDB's US$6.59 bil claim
Irwan Serigar applies to strike out 1MDB suit; Arul Kanda denies breach of duty