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Cases

TUN DR MAHATHIR MOHAMAD & ORS v. DATUK SERI MOHD NAJIB TUN HAJI ABDUL RAZAK
Court of Appeal, Putrajaya
Idrus Harun, Vernon Ong, Abdul Rahman Sebli JJCA
[Civil Appeal No: W-02 (IM)(NCVC)-926-05-2017]
5 December 2017
[2018] 1 MLRA 419

JUDGMENT

Abdul Rahman Sebli JCA:

[1] In the High Court at Kuala Lumpur, the appellants sued the respondent, Datuk Seri Mohd Najib Tun Haji Abdul Razak for the tort of misfeasance in public office and for "breach of fiduciaries in public office". The tort of misfeasance in public office was alleged to have been committed by the respondent in his capacities as the Prime Minister of Malaysia, Minister of Finance, President of the United Malays National Organisation (UMNO) and Chairman of the Barisan Nasional (BN).

[2] It was alleged that in those capacities the respondent was in a position to control, command, instruct, require, to insist on any act, conduct, omissions, within the power of each and every machinery, including but not limited to the various Government Ministries and Parliamentary Offices or legal enforcement agencies or any other public figure or civil servant "to do certain things".

[3] The appellants' case was that the respondent had carried out acts to undermine, subvert and compromise the various institutions involved in the probe into 1Malaysia Development Berhad ("1MDB") and other related companies and the alleged remittance of approximately RM2.6 billion and RM42 million "or any other amount" into the respondent's personal bank accounts.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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