Another case of Judge Change? Once a judge is fixed, he/she should hear the case until the end.
When appointed, if there is 'conflict of interest' or some other good reason a Judge may on his/her own RECUSE himself and give reasons why he/she did so.
Any of the parties can also apply for a judge to be RECUSED - and, if there is GOOD reasons, then the JUDGE will be RECUSED and another appointed.
Now, ODDLY - the Judge in this 1MDB against Najib & Ors case is being CHANGED - why? There apparently was no application for RECUSAL, and neither was there news that the Judge choose to recuse himself at this stage (as this reasonably happens at the very beginning). The reason behind the change of judges was not disclosed.
Was it because in 2022, JC Atan Mustaffa ordered a freeze of Najib's assets...
1Malaysia Development Berhad (1MDB) has obtained a High Court order to freeze former Malaysian prime minister Najib Razak's assets and limit him to only withdraw a maximum of RM100,000 (S$32,000) monthly.
Judicial Commissioner Atan Mustaffa Yussof Ahmad granted the relief on Tuesday after allowing 1MDB and four of its entities' application for an ex-parte Mareva injunction in relation to their claim of US$681 million against Najib.
"The first defendant must also disclose all of his assets to 1MDB whether in or outside Malaysia within two weeks. "The defendant must seek written consent from the plaintiffs should he require more than RM100,000 per month. ...
See also:-
Change of Judge in Sexual Assault suit filed by Yusoff Rawther against PM Anwar Ibrahim may raise questions? Can't the same Judge still hear the case?
Judge swap in 1MDB’s US$8b case against Najib and former staff
KUALA LUMPUR, Jan 24 — 1Malaysia Development Bhd (1MDB) and its subsidiaries are set to have a new judge presiding over their lawsuit against former prime minister Datuk Seri Najib Razak and former management staff.
Judge Datuk Mohd Arief Emran Arifin will replace Judge Atan Mustaffa Yussof Ahmad, as confirmed by 1MDB’s counsel, Siva Kumar Kanagasabai, in a statement to The Edge. The reason behind the change of judges was not disclosed.
Prior to handing the case over to Arief Emran, Atan Mustaffa had granted a Mareva injunction of US$681 million (RM2.99 billion) against Najib, which is currently under appeal.
According to The Edge, Arief Emran, the son of former Chief Justice Tun Arifin Zakaria, previously worked as a partner at Wong & Partners, the law firm representing 1MDB, before his appointment to the judiciary. However, no objections have been raised against Arief Emran presiding over the case.
Arief Emran had previously overseen the RM42 million lawsuit filed by SRC International Sdn Bhd against Najib, where in 2022, he imposed a Mareva injunction, freezing the former finance minister’s assets. This decision was later upheld by both the Court of Appeal and the Federal Court. Currently, the SRC case has been reassigned to Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
1MDB, together with its four subsidiaries, has filed an US$8 billion lawsuit against Najib and seven former senior staff members, including ex-CEO Nik Faisal Ariff Kamil and former executive director of business development Casey Tang Keng Chee, both of whom are still unaccounted for.
The lawsuit also includes former 1MDB deputy CFO Terence Geh Choh Heng, ex-general counsel Jasmine Loo Ai Swan, former chief investment officer Vincent Beng Huat Koh, ex-COO Radhi Mohamad, and former investment director Kelvin Tan Kay Jim.
The lawsuit claims that the defendants, including Najib, who served as chairman of the board of advisers at the time, were complicit in helping the companies enter into fraudulent agreements that created a complex money trail, designed to facilitate or hide the embezzlement of 1MDB funds.
The Edge also reported that 1MDB has filed a separate lawsuit against fugitive Low Taek Jho (Jho Low), his family, and an associate, which will also be reassigned to a new judge after the transfer of Hayatul Akmal Abdul Aziz. It’s not yet known who will handle the case.
The paper reported that Hayatul Akmal was reassigned from the Civil Division to the Special Powers Division earlier this month.
A case management session took place today before High Court deputy registrar Mohd Ibrahim Mohd Ghulam.
The court had previously set June 16, 2025, as the date to hear 1MDB and its four subsidiaries’ US$3.78 billion lawsuit against Jho Low.
The suit, which includes allegations of fraudulent concealment, misappropriation of funds, and unjust enrichment, also lists his father Tan Sri Larry Low Hock Peng, mother Goh Gaik Ewe, siblings Taek Szen and May Lin, and associate Eric Tan Kim Loong as defendants.
1MDB secured a default judgment against Jho Low, Hock Peng, and Taek Szen in November 2023, and against Goh in May 2024, after their failure to appear.
Jho Low alone faces a judgment of nearly US$2.8 billion, with an additional US$983 million against him and his father. Taek Szen was ordered to pay US$27.5 million, while Goh was required to return US$1.695 million worth of jewellery allegedly purchased with 1MDB funds.
A default judgment can be issued when a defendant fails to
respond, or their defence is dismissed. The court also imposed a Mareva
injunction against Jho Low and Hock Peng, and their non-compliance led
to a jail sentence. - Malay Mail, 24/1/2025
1MDB gets nod to freeze ex-Malaysian PM Najib's assets
KUALA LUMPUR — 1Malaysia Development Berhad (1MDB) has obtained a High Court order to freeze former Malaysian prime minister Najib Razak's assets and limit him to only withdraw a maximum of RM100,000 (S$32,000) monthly.
Judicial Commissioner Atan Mustaffa Yussof Ahmad granted the relief on Tuesday (Feb 8) after allowing 1MDB and four of its entities' application for an ex-parte Mareva injunction in relation to their claim of US$681 million against Najib.
A Mareva injunction is a court order which effectively freezes assets of a defendant from being dissipated pending the outcome of a legal action before the courts.
According to the Order for Injunction document seen by NST on Wednesday, the court ordered that Najib as the first defendant must not remove or dispose the value of any of his assets up to the value of US$681,000,000 worldwide until the disposal of the case.
"The first defendant must also disclose all of his assets to 1MDB whether in or outside Malaysia within two weeks.
"The assets referred to would include any property whether moveable or immovable and any money standing to the credit of any bank accounts.
"Najib shall be entitled to draw a sum not exceeding RM100,000 per month for his ordinary living expenses and legal expenses.
"The defendant must seek written consent from the plaintiffs should he require more than RM100,000 per month.
"In the event of no written consent is given, Najib may apply and seek leave from the Court," the document said.
On May 10 last year, 1MDB filed a combined total of 22 civil suits against various parties, including Najib to recover RM96.6 billion in assets.
The Finance Ministry in a statement said six of the 22 writs were filed by 1MDB, while the remaining 16 were by its former subsidiary SRC International.
The civil suits were filed as an effort by both entities to recover their assets with a combined total in excess of RM96.6 billion including approximately RM300 million against various local parties.
The writs filed by 1MDB are against a total of nine entities — including two foreign financial institutions, and 25 individuals.
They are being sued for various wrongdoings, including breach of contractual, statutory, common law and fiduciary duties; breach of trust; fraud; conspiracy to defraud; fraudulent misrepresentation; fraudulent breach of duties and trust; fraudulent concealment; fraudulent misappropriation; dishonest assistance in misappropriation of funds; negligence, knowing receipt and unjust enrichment.
It was reported fugitive businessman Low Taek Jho, or Jho Low, has filed his defence to deny his involvement in one of the 1MDB's civil suits.
Low said he did not have any position or legal standing to control 1MDB, which was fully owned by the government through the Ministry of Finance Incorporated.
His name is heavily mentioned in Najib's on-going corruption trial involving the misappropriation of 1MDB funds.
Najib in his other criminal trial involving SRC International, contended that he did not have any knowledge of any wrongdoing and alleged it was mastermind by the rogue financier and his affiliates.
Najib was sentenced to 12 years' jail and RM210 million fine for
abuse of power, criminal breach of trust, and money laundering involving
RM42 million from SRC. NEW STRAITS TIMES - Today Online, 9/2/2022
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