Najib’s application to quash RM1.69b IRB bankruptcy claim set for Dec 7

KUALA LUMPUR (Aug 27): The hearing of former premier Datuk Seri Najib Razak’s (pictured) application to stay proceedings and to set aside the bankruptcy notice on the grounds of abuse of process in the Inland Revenue Board’s (IRB) bankruptcy claim against him is set for Dec 7.

High Court deputy registrar (insolvency division) Ida Rahayu Sharif today set the date to hear Najib’s three applications. 

The date for the hearing was set after an e-review of the bankruptcy proceedings.

The IRB was represented by counsel Athari Faris Ammerry Hussien, while Najib was represented by counsel Wee Yeong Kang. 

Earlier this year, the IRB sent a bankruptcy notice to Najib for failing to pay tax arrears in the region of RM1.69 billion. 

In a previous e-review of the case, Ida agreed that no act of bankruptcy had occurred at this stage pending the outcome of the applications by Najib. 

In earlier reports, court documents sighted by theedgemarkets.com showed that a bankruptcy notice was issued by the High Court to the former prime minister on Feb 4, following a request by the IRB on the same date.

The request was filed seven months after the High Court's decision to issue a summary judgement ordering Najib to make the payment for RM1.69 billion claimed by the IRB. 

That amount rose to RM1.74 billion for Najib alone, according to the latest court documents, following the 5% annual interest imposed, in addition to RM15,000 in costs awarded to the IRB at the time.

A bankruptcy declaration, if approved, will disqualify Najib from being a Member of Parliament, in accordance with Article 48 of the Federal Constitution. He currently holds the seat for the Pekan constituency in Pahang.

The IRB filed the claim against Najib in 2019 after the tax authority concluded that the former premier did not declare taxable income of almost RM4 billion for the period — including RM2.6 billion which went into his personal bank account and which he consistently claimed was a personal donation from a member of the Saudi royal family.

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