PUTRAJAYA: The Federal Court today unanimously rejected an appeal by Datuk Seri Najib Razak over the Court of Appeal's (CoA) decision which dismissed his bid to attend the Mareva injunction hearing in 1Malaysia Development Berhad's (1MBD) US$681 million lawsuit filed against him.
A three-member bench led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, in dismissing the former prime minister's appeal, said they were not persuaded that it was a fit and proper case for them to exercise discretion to grant leave.
"The reason is because this matter is academic. This application is dismissed with costs of RM30,000 to be awarded to the respondent," he said in his ruling.
Also on the panel were Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.
Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah while Siva Kumar Kanagasabai appeared for 1MDB.
On Nov 24 last year, Najib failed in his appeal to secure attendance in the hearing, which had concluded the previous year.
Najib had appealed to attend the proceedings where he sought to set aside a Mareva injunction granted to 1MDB and its four subsidiaries.
A Mareva injunction freezes the assets of the person and prevents the transfer of such assets held in banks or financial institutions.
A three-member CoA bench chaired by Datuk P. Ravinthran had said Najib's application was now academic as the High Court already meted out its judgment on Nov 11, 2022.
1MDB had obtained an ex parte Mareva injunction against Najib from the High Court on Feb 8, 2022 freezing the latter's assets in relation to their claim of US$681 million against the former finance minister.
As a result, Najib is allowed to withdraw up to RM100,000 monthly from his bank accounts for his expenses. If he requires more than that, he has to apply to 1MDB's solicitors.