The High Court here today allowed the application by former prime minister Datuk Seri Najib Tun Razak, his wife Datin Seri Rosmah Mansor, and Baling MP Datuk Seri Abdul Azeez Abdul Rahim to strike out a suit filed by Carpet Raya Sdn Bhd director J. R. Deepak Jaikishan over taxes incurred for allegedly acting as proxies for the couple.
Lawyer Datuk David Mathews, representing Najib and Rosmah, told reporters that Judicial Commissioner Quay Chew Soon made the decision after hearing the striking-out application in his chambers.
Also present were lawyer Datuk Prem Ramachandran and Arwinder Kumar who acted for Abdul Azeez, while Irzan Iswat Mohd Noor and Nasbal Harun represented Deepak and two other plaintiffs, Carpet Raya and Deepak’s younger brother J. Rajesh, who is also the director of the company.
Mathews said the court allowed the defendants’ application on grounds that the plaintiffs' case is obviously unsustainable.
“The statement of claim does not disclose a reasonable cause of action as the essential elements to sustain the claims for conspiracy to injure, misfeasance in public office and breach of duty of care,” he said.
The lawyer said the court ordered the plaintiffs to pay RM15,000 in costs for the couple and RM10,000 for Abdul Azeez.
The defendants filed the application on Sept 24, 2019, on grounds that the suit was vexatious and the plaintiffs had no cause of action to sue them.
In the suit filed on Nov 15, 2018, Deepak claimed that between 2004 and 2010, he and the company had acted as agent and proxy to Najib and Rosmah in land transactions and business deals as instructed by the couple.
He also claimed that Abdul Azeez had acted as agent for Najib and Rosmah to carry out the transactions and acted as the intermediary between the couple and Carpet Raya.
Deepak claimed that as a result of the transactions, he received a letter from the Inland Revenue Board (IRB), dated March 2, 2018, to settle the arrears in tax owed by Carpet Raya and his income tax, totalling more than RM6 million, excluding penalty charges and interest.
Deepak claimed that he received the letter from IRB after his relations with the couple soured in 2012 following his refusal to follow their instructions in a civil case involving private investigator P. Balasubramaniam, claiming that Abdul Azeez had knowledge of the matter.
The plaintiffs claimed that Najib and Rosmah also ordered legal action to be taken by IRB against Carpet Raya and a winding-up petition was filed against the company on March 22, 2017, by the IRB and the petition was published in newspapers.
They claimed that as a result of the petition, the business and reputation of all the plaintiffs were affected and Deepak was also banned from leaving the country, while their business facilities were withdrawn by Maybank and the company's contract with IKEA was cancelled.
They are seeking a court declaration that Najib and Rosmah are responsible for paying the tax arrears owed by the company.
They are also seeking damages of RM500,000 which was paid to Maybank, RM47 million for the company's inability to fulfil its contract and sales, RM74 million for cancellation of the company's contract with IKEA, RM200 million for alleged defamation and RM37 million in losses caused by Najib’s alleged misconduct.
They are also seeking RM100 million in aggravated and exemplary damages.
-- BERNAMA
Bernama
Thu Jul 16 2020
The court allowed the defendants application on grounds that the plaintiffs' case is obviously unsustainable. - FILEpic
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.