Kuala lumpur: The Federal Court today dismissed businessman Tan Sri Halim Saad's application to obtain leave to appeal against the Court of Appeal's decision, which rejected his attempt to reinstate a lawsuit against the Malaysian Government and two former ministers.
According to BERNAMA News Agency, the lawsuit stemmed from alleged losses Halim claimed to have incurred following the government's 2001 acquisition of shares in Renong Bhd and United Engineers Malaysia Berhad (UEM). The Federal Court's three-man bench, led by Chief Judge of Malaya Datuk Hashim Hamzah, determined that Halim did not meet the threshold requirement outlined in Section 96 of the Courts of Judicature Act 1964.
The bench, which included Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Federal Court judge Datuk Azimah Omar, noted that the four questions presented by Halim did not raise novel issues nor involved questions of importance that justified further examination by the Federal Court. Consequently, the panel ordered Halim to pay RM60,000 in legal costs to the respondents.
Halim Saad had initiated the lawsuit against the Malaysian Government, former prime minister Tun Dr Mahathir Mohamad, and former finance minister II Tan Sri Nor Mohamed Yakcop. He sought, among other reliefs, compensation for the government's forced takeover between July and October 2001 and a declaration of his status as a Renong shareholder.
Halim, the former executive chairman and director of Renong, contended that he intended to make a general offer to privatise UEM as a subsidiary of Renong. He claimed this move would have enabled him to gain complete control and ownership of UEM. However, according to Halim, Dr Mahathir and Nor Mohamed instructed him not to proceed with the offer, as the government intended to take over all UEM shares via Khazanah Nasional Berhad or a nominated party.
He further alleged that he was directed to relinquish his roles as a shareholder and director of UEM and Renong, including their subsidiaries, compelling him to transfer control of Renong and UEM to the government and sell his Renong shares at a loss. Halim also claimed that Khazanah acquired all UEM shares through its subsidiary, Danasaham Sdn Bhd, thereby securing control over UEM, which owned 32.6 percent of Renong shares at that time.
On May 9, 2022, the High Court dismissed Halim's suit after permitting applications by Dr Mahathir, Nor Mohamed, and the government. The Court of Appeal subsequently dismissed Halim's appeal on August 18 last year, citing that the action was time-barred under the Limitation Act and the Public Authorities Protection Act. Following this, Halim sought leave from the Federal Court to appeal, as mandated by law for civil cases.
In today's proceedings, Halim was represented by lawyers Datuk Malik Imtiaz Sarwar, A. Surendra Ananth, and Yvonne Lim, while Senior Federal Counsel Ahmad Hanir Hambaly@Arwi and Federal Counsel Imtiyaz Wizni Aufa Othman appeared for the government, Dr Mahathir, and Nor Mohamed.