JUDGMENT

Roz Mawar Rozain J:

[1] The trial for this case is fixed for 16 June 2025. By way of encl 145 filed on 23 May 2025, the Defendant seeks to:

(a) Refer constitutional questions to the Federal Court listed in Appendix A − touching on whether a sitting Prime Minister enjoys certain immunities or protections from civil litigation relating to pre-office conduct − under O 92(4) Rules of Court 2012 (RoC) and/or art 128(2) of our Federal Constitution and/or s 84 of the Courts of Judicature Act 1964 (CJA); and

(b) Stay the trial that is fixed to commence on 16 June 2025 pending the Federal Court's determination of those constitutional questions.

[2] The application is advanced notwithstanding the Defendant's express position, through his counsel at the oral arguments, that he is ready and willing to proceed with trial. It is apparent, as submitted by the Defendant's counsel, that this application is largely exploratory in nature, filed at the instance of newly appointed solicitors to test whether the Federal Constitution accords the Prime Minister any form of procedural immunity or protection from civil liability while in office. The Defendant does not assert that the suit impairs his ability to perform his constitutional functions, nor has he produced any evidence to that effect.