JUDGMENT

[Set Aside Service Of Writ Out Of Jurisdiction Or Stay Proceedings]

Leong Wai Hong J:

Good Practice For Reply Written Submissions

[1] Both counsel, in their reply written submissions, failed to identify the specific paragraphs to which they were responding. Instead, the replies were structured around topics.

[2] By way of analogy, this is akin to a football match between Liverpool and Manchester United in which Liverpool insists on playing only at Anfield, while Manchester United insists on playing only at Old Trafford.

[3] Such an approach makes it difficult for the court to ascertain counsel's response to a particular fact or issue raised by the opposing party. Counsel should assist the court by, inter alia, adopting a paragraph-by-paragraph reply and clearly identifying the paragraph of the opposing submissions to which the response is directed.

Introduction

The 1MDB Saga

[4] On 7 May 2024, the plaintiff, 1Malaysia Development Berhad ["1MDB"] filed a suit in the High Court Of Malaya at Kuala Lumpur against the 1st Defendant, Patrick Andrew Marc Mahony ["Patrick Mahony"], for the sums of US$1,830,000,000.00 and US$33,000,000.00; and against the 2nd Defendant, White & Case LLP ["White & Case"], for the sum of US$1,830,000,000.00. [See encl 2 Statement of Claim dated 7 May 2024].

[5] This is one of the many suits that arose from what is called the 1Malaysia Development Berhad scandal. In short, the 1MDB saga or 1MDB scandal.

[6] 1MDB was set up as a state fund by the Government of Malaysia with its then Prime Minister Dato' Seri Najib Razak ["Najib Razak"] as Chairman of its Board of Advisors.

[7] 1MDB was set up with the noble intention to make strategic investments and alleviate poverty. Unfortunately, allegations have been made and civil suits as well as criminal suits have been filed against various parties alleging that its funds have been embezzled, with assets diverted globally.