PRIME Minister Najib Razak and 1Malaysia Development Bhd have obtained a stay of a high court decision ordering them to file their defence in a civil suit with regard to 1MDB’s settlement with the International Petroleum Investment Company (IPIC).

A three-man Court of Appeal bench, comprising Mohd Zawawi Salleh, Ahmadi Asnawi and Kamardin Hashim, unanimously allowed the stay application by Najib and 1MDB, pending disposal of their appeal at the appellate court.

Najib, 1MDB and the Malaysian government had filed the appeal at the Court of Appeal against the high court dismissal of their application to strike out the suit filed against them by 10 Gerakan Anak Muda Tolak Najib (GANT1) members.

The matter is fixed for case management on February 13.

In granting the stay order, Zawawi, who led the bench, said the court was of the opinion that if the stay was refused, it would be a waste of judicial time in the event that the appellate court ruled in favour of the applicants – Najib and 1MDB – in the striking-out matter.

On July 11 last year, the GANT1 members, headed by Amanah Youth deputy chief Muhammad Faiz Fadzil, had filed the suit against Najib, 1MDB and the government.

The suit was over a consent award at the London Court of International Arbitration entered by 1MDB with IPIC concerning the former’s alleged US$3.5 billion (RM13.6 billion) bond assistance from IPIC and its subsidiary, Aabar Investment PJS (Aabar Asli), for the purchase of an energy plant.

In their statement of claim, the GANT1 members said IPIC and Aabar Asli had, on June 14, 2016, brought their case to the London Court of International Arbitration against 1MDB and the government, relating to a US$6.5 billion claim for 1MDB’s failure to honour the contract.

The GANT1 members are seeking, among others, a declaration that the settlement agreement and consent award signed in London were null and void.

On January 9, the high court had dismissed applications by Najib, 1MDB and the government to strike out the suit.

After the court’s decision, Hafarizam Harun, representing Najib, said the deadline for his client to file his statement of defence was on Friday, but since a stay was given, they need not file the defence.

Lawyer Tan Hock Chuan represented 1MDB, while counsel Mohamed Haniff Khatri Abdulla represented the GANT1 members. – Bernama, February 5, 2018.