SHAH ALAM: The Shah Alam High Court today fixed Jan 26 to hear further submissions from the relevant parties involved in a RM14 billion suit against Tan Sri Abdul Khalid Ibrahim.
Judge Datuk Akhtar Tahir fixed the date in chambers following an appeal by the plaintiff’s Puncak Niaga Holdings Bhd (Puncak Niaga) lawyers.
Besides the former Selangor Menteri Besar, Puncak Niaga had also named two other parties - Selangor Menteri Besar Datuk Seri Mohamed Azmin Ali and the state government in the lawsuit involving Selangor’s plan to takeover the state’s water industry.
Meanwhile, Selangor government legal adviser Datuk Nik Suhaimi Nik Sulaiman, representing the state government, said Akhtar who heard the case today had read submissions from the concerned parties.
Nik Suhaimi said the court could have made a decision on the case, but since the plaintiff appealed to make further submissions, Akhtar had set Friday to hear them.
“On Friday, the submissions will be heard in the judge’s chamber and will only involve the plaintiff and first and third defendants, which are Khalid and the state government.
“It will touch on two issues. The first and third defendants must explain if the legal principles related to the abuse of power by civil servants cannot be used because Malaysia has the Government Proceedings Act 1996.
“The second being the plaintiff has to explain or clarify the meaning of public officer and public office.”
Nik Suhaimi said Akhtar had also fixed Feb 22 for case management by the first and third defendants.
They had appealed to strike out the lawsuit over the takeover of the state’s water industry.
Puncak Niaga, had on Oct 27, last year filed the suit against Khalid, Azmin and the Selangor state government claiming up to RM3.91 billion for forcing a takeover of the state’s water industry.
Puncak Niaga is also claiming damages, interest of damages and costs of loss of local and foreign business opportunities totalling RM13.49 billion.
In November 2017, it was reported that Puncak Niaga had initiated a RM14 billion suit against Azmin, Khalid and the state government.
In a filing to Bursa Malaysia on Nov 21, Puncak Niaga said it had served the sealed writ of summons against the state government, Khalid and Azmin for abusing their powers in public office/misfeasance by threatening to cause and/or requesting or attempting to cause the federal government to invoke use of the Water Services Industry Act 2006 (WSIA) to force a takeover of the state’s water industry.
On Nov 28, Khalid, via his lawyer New Sin Yew filed an application to strike out Puncak Niaga’s lawsuit for reasons that the suit was made when the defendant no longer holds a post in public office.
The Selangor government had also filed an appeal to strike out the suit on Dec 20, citing that the company’s lawsuit is an abuse of process.
Translated from Harian Metro