Court denies Najib’s bid to set aside Mareva injunction in SRC suit

Court denies Najib’s bid to set aside Mareva injunction in SRC suit

The order restrains the former prime minister from removing up to RM42 million in assets pending the disposal of a civil suit.

Under the injunction, Najib Razak can only withdraw up to RM100,000 a month from his bank account for his living expenses and payment of legal fees.
PUTRAJAYA:
The Court of Appeal has dismissed Najib Razak’s bid to set aside a Mareva injunction that restrains him from transferring or dissipating any of his assets amounting to RM42 million in view of SRC International Sdn Bhd’s lawsuit against him.

A Mareva injunction is a temporary order which restrains a defendant from disposing of assets pending the disposal of a civil suit.

Justice Yaacob Sam ruled that there was no appealable error made by the High Court in granting the Mareva injunction against the former prime minister.

“The High Court order (issued on March 24) is affirmed,” Yaacob said in delivering the three-member panel’s unanimous decision.

The other judges who heard the application were justices Ravinthran Paramaguru and Mariana Yahya.

The court also ordered Najib to pay costs of RM15,000.

Najib was represented by lawyer Harvinderjit Singh while Nagarajah Muttiah appeared for SRC International.

SRC International and its subsidiary company, Gandingan Mentari Sdn Bhd, filed the suit against Najib last year, claiming that he had committed breach of trust, misused his power, benefited personally from SRC International funds and misappropriated the funds.

They obtained the Mareva injunction earlier this year.

Under the injunction’s terms, Najib must not remove, dispose, deal with or diminish his assets in and outside of Malaysia up to the value of RM42 million, pending the final determination of the suit.

Besides that, he can only withdraw up to RM100,000 a month from his bank account for his living expenses and payment of legal fees.

He is currently serving his 12-year jail sentence after the Federal Court affirmed his conviction in the SRC International case on abuse of power, criminal breach of trust, and money laundering charges.

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