Saman 1MDB terhadap firma UK ditolak kerana bidang kuasa, had masa

The Malaysian High Court has rejected a lawsuit brought by 1MDB against a UK law firm, White & Case LLP, over alleged collusion and conspiracy related to PetroSaudi International Ltd. The five-member bench, led by Judge K Muniandy, stated that the requirements under the Courts of Justice Act 1964 and the Courts Procedure Act 2012 for conducting proceedings outside Malaysia were not met.

The panel also allowed White & Case's appeal, including dismissing the writ served against them. Muniandy noted that the defendant, Patrick Mahony, who resides abroad, could not serve as the main defendant to initiate proceedings outside jurisdiction. He added that this ground could not be remedied retrospectively. The plaintiff, 1MDB, filed a claim in 2024 outside the time limit under the Limitation Act 1953, which considered the claim for loss and fraud involving the national investment fund had already been made public in 2015 and 2016.

The High Court also dismissed the High Court's decision to join the 1MDB suit against White & Case with a separate action against Deutsche Bank involving $1.11 billion. Judge Alwi Abdul Wahab, who presided over the panel with Aliza Sulaiman, noted that the motion to join the suits was seen as 1MDB's tactic to restore its jurisdictional limitations.

Judge Alwi also ordered 1MDB to pay RM130,000 in costs to White & Case. 1MDB filed a suit against White & Case and Mahony in the High Court in Kuala Lumpur, demanding compensation of $1.83 billion and $33 million from White & Case and Mahony, who served as counsel for PetroSaudi. 1MDB accused White & Case, acting as counsel for PetroSaudi and others, of aiding and conspiring against 1MDB.

The allegations involved two corporate transactions: a joint venture in 2009 between 1MDB and PetroSaudi and the restructuring of 1MDB's shareholding in the joint venture in 2010. 1MDB claimed that the transactions caused significant financial losses. Earlier, the High Court had ruled that Malaysia was the appropriate forum to hear the dispute, emphasizing the country's role as the hub of the case.

The panel also allowed 1MDB's motion to join the suit with a parallel action against Deutsche Bank. The attorneys representing White & Case included Cyrus Das, Shamala Devi Balasundaram, Siow Poh Ching, and Pang Khai Shean, while 1MDB was represented by Lim Chee Wee, Elizabeth Lau, Hazel Siau, Soh Lip Shan, and Lim Zhi Ying.