Bekas pengarah 1MDB bantah permohonan Irwan kongsi liabiliti
Peguam berkata tuntutan 1MDB berdasarkan dakwaan pelanggaran kewajipan fidusiari dan Akta Syarikat sekali gus jadikan tuntutan sumbangan liabiliti tak kukuh dari segi undang-undang.
Two former 1MDB directors, Kamal Ali and Norazman Ayob, have challenged former 1MDB chairman Irwan Serigar Abdullah's request for joint liability in the USD6.59 billion (RM28.56 billion) civil suit. They argue that the proceeding against the three parties is based on the principle of contribution between parties who have committed wrongdoing together, while the 1MDB suit lacks any evidence of wrongdoing.
Their lawyer, Razlan Hadri Zulkifli, contends that the defendants seeking to obtain a contribution from the third party must first prove that the plaintiff has suffered a loss or fault due to the defendant's actions. He also states that the suit is based on allegations of fiduciary breach and company law breach. Razlan further argues that even if the court finds wrongdoing, Kamal and Norazman cannot be considered co-defendants with Irwan, as liability as co-defendants requires the existence of a common plan or agreement to commit the alleged wrongdoing.
He adds that the directors are required to make independent judgments under Section 10(2) of the Civil Law Act and Section 581 of the Companies Act, and they did not act in accordance with a common plan. Razlan also compares the case to that of former 1MDB chief accountant Azmi Tahir, stating that Azmi can be considered a wrongdoer due to his involvement in unit Brazen Sky and payments to Aabar Investments PJS.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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- Bekas pengarah, CFO perlu kongsi liabiliti, kata bekas pengerusi 1MDB freemalaysiatoday.com