KUALA LUMPUR: Datin Seri Rosmah Mansor has filed an application to strike out former Umno leader Datuk Seri Khairuddin Abu Hassan's lawsuit against her to urge the return of a US$27.3 million pink diamond necklace set to 1Malaysia Development Bhd (1MDB).
Her lawyer Datuk Mohd Hafarizam Harun said the application was filed on Sept 7 on grounds that Khairuddin had no locus standi to sue his client and had also failed to include specific details in his statement of claim.
"This is a misjoinder as Khairuddin should not be the one filing the suit, but 1MDB," he said after the case came up for case management before Deputy Registrar K.Pavani.
Hafarizam said that 1MDB, which had also been named as a defendant in Khairuddin's suit, had also filed a striking out application yesterday (Wednesday) on the same grounds.
The court fixed Nov 9 for the next case management to set dates for the proper hearing of the application.
"The court has also granted my client and 1MDB stay pending the disposal of the striking out application," said the lawyer who was assisted by Yazid Mustaqim Roslan.
Khairuddin had on Aug 16 filed the legal action naming the Prime Minister's wife, Malaysian businessman Low Taek Jho or better known as Jho Low and 1MDB as defendants.
The former Batu Kawan Umno vice-chief had in his suit claimed that between June 2013 and March 2014, Jho Low had through his agents, purchased the jewelry from Loraine Schwartz in New York for US$27.3 million, money allegedly stolen by the businessman from 1MDB.
He alleged that Rosmah had received the 22-carat pink diamond worth US$23 million and an accompanying necklace worth US$4.3 million as a gift in March 2014.
Khairuddin is seeking a court order for Rosmah to return the jewelry to 1MDB as well as an order for Jho Low to pay 1MDB all the money allegedly misappropriated from the company.
Meanwhile, after three failed attempts to serve the statement of claim on Jho Low, Khairuddin managed to obtain a court order to advertise his lawsuit in two newspapers to demand the return of the pink diamond allegedly in the hands of the Prime Minister's wife.
His lawyer Syed Iskandar Syed Jaafar Al Mahdzar told reporters that the court allowed their application to advertise the court paper in an English and a Chinese daily.
Lawyer Rishwant Singh appeared for Jho Low and Cains Tan appeared for 1MDB.