Sept 21 fixed for hearing of Najib, son's bid for stay of execution of summary judgement

PUTRAJAYA: The Federal Court has set Sept 21 to hear the applications by Datuk Seri Najib Razak and his son, Datuk Nazifuddin to obtain a stay of execution of the summary judgment entered against them over unpaid income tax, pending disposal of their appeals.

Their lawyer Wee Yeong Kang, when contacted, confirmed the hearing date following the case management held today before Federal Court deputy registrar, Suhaila Haron.

Wee, who is representing Najib and Nazifuddin, attended the case management proceeding while revenue counsel, Ainur Mardhiah Ramli appeared for the Inland Revenue Board (IRB).

On May 10, this year, Najib and Nazifuddin were given the nod by the Federal Court to proceed with their appeals against the decisions of two separate High Courts in allowing the IRB's applications to enter a summary judgment to recover more than RM1.7 billion in tax arrears from them.

The three-member bench comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Nallini Pathmanathan and Datuk Mary Lim Thiam Suan granted leave to Najib and Nazifuddin to appeal on nine legal questions for determination by the Federal Court.

In civil cases, the litigants must first obtain leave before they can proceed with the appeals in the Federal Court.

A summary judgment is obtained when the court decides on a case, through written submissions, without a full trial and calling witnesses.

In 2020, two separate High Courts allowed the IRB's applications to enter a summary judgment to recover tax arrears of RM1.69 billion from Najib and RM37.6 million from Nazifuddin, respectively for the period between 2011 and 2017.

Both Najib and Nazifuddin lost their appeals in the Court of Appeal last September to set aside the summary judgment.

-- BERNAMA