KUALA LUMPUR, July 22 — The High Court here today allowed an application by a landowner who has been sued by 1Malaysia Development Bhd (1MDB) for RM6 million for allegedly breaching an agreement involving 234.7 acres of land in Air Itam, Penang, to transfer the case to the Penang High Court.
Lawyer Theomus Foo Chee Wai, representing the landowner, Tan Jiak Chye, told reporters that Judge Datuk Mohd Sofian Abd Razak made the decision in his chambers today.
“There is no objection to our application. So, the court agrees to transfer this case because all the matters involved are in Penang.
“The case will be jointly heard with another civil suit filed by my client against 1MDB in Penang High Court, prior to the filing of this suit,” he said, adding that both cases were fixed for case management at the Penang High Court on August 1.
1MDB as a plaintiff filed the suit on April 30 this year, naming Tan, 64, as the sole defendant.
According to the statement of claim, 1MDB was in the process of acquiring the undivided shares or interest in various parcels of lands located around Air Itam town covering an area of approximately 234.7 acres.
1MDB claimed that a letter dated May 3, 2013 was sent to Tan proposing to exchange the undivided shares or interest in the land in Air Itam Estate with the latter.
The plaintiff claimed that Tan accepted the proposal contained in the letter and was paid RM6 million pursuant to the agreement by 1MDB on the same day.
However, it claimed that in breach of the agreement, Tan had failed, refused and/or neglected to perform his obligations under the agreement to exchange or procure the agreement of the other holders to exchange the land with 1MDB or its subsidiary.
1MDB contended that under the agreement, Tan is obliged and liable to return the RM6 million to the company as the exchange of land failed to take place by reason of Tan’s failure to exchange or procure the agreement of the other holders to exchange the land with the company or its subsidiary. — Bernama
