28 Sept 2020
Dato’ Sri Mohd Najib Bin Hj Abd Razak Ambank Islamic Bank Berhad & 2 Lagi
- Citation
- 22NCC-680-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-680-12/2019 (Mahkamah Tinggi)
The court struck out the Statement of Claim because on its face the claim was legally unsustainable: the pleaded facts did not establish a proximate causative link between defendants' alleged breaches and the criminal charges (which flowed from independent prosecutorial discretion), the suit constituted an impermissible collateral attack on ongoing criminal proceedings and would unfairly re‑litigate witness testimony (protected by immunity), and parts of the claim were time‑barred or barred by laches; holding company liability was not pleaded with requisite fraud to lift the corporate veil.