KUALA LUMPUR - Lebanon-based jewellery company, Global Royalty Trading SAL has requested that the suit filed against Datin Seri Rosmah Mansor to recover 43 pieces of jewellery worth RM67.4 million, be granted through summary judgement.
A summary judgment is where a court decides a case without a trial if the factual or legal position is not in dispute.
The company filed the application in the High Court yesterday through Messrs David Gurupatham & Koay, seeking a mandatory order for the jewellery to be returned to the plaintiff in good condition within 14 days from the date of judgment.
Alternatively, the company sought an order for Rosmah to be liable to pay the damages of RM67,461,027.37 or parts thereof cannot be recovered on reasonable terms or returned in full.
Meanwhile, in her defence, the wife of former Prime Minister Datuk Seri Najib Tun Razak demanded that Global Royalty submit a US$1 million (RM4.59 million) cost guarantee to the court and demanded that the suit be quashed if the company fails to do so.
Rosmah said the guarantee of costs should be given because if she succeeds in her defence and enforces the costs against the company involved, she will have difficulty enforcing the costs order because Global Royalty is a foreign company.
The plaintiff is a company incorporated and registered in Lebanon with an address at Wata el Msaitbeh, Senno Building 8th Floor, Lebanon.
"The plaintiff is, therefore, a foreign company not subject to Malaysia’s court’s jurisdiction and Malaysia does not have any reciprocal agreement to enforce a court’s judgement with Lebanon,” she said in her supporting affidavit.
On March 29, Global Royalty filed a suit against Rosmah and claimed that she had lied by saying that 44 pieces of jewellery, including diamond necklaces, earrings, rings, bracelets, and tiaras sent to her by the company’s agent were seized by the Malaysian authorities for offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
According to the Beirut-based company, this was because only one of the 44 pieces of jewellery was kept by the police and the remaining 43 pieces were not in the custody of the authorities.
Global Royalty also claimed that Rosmah had shifted the burden to the Malaysian government when in fact, the jewellery had gone missing.
On June 26, 2018, the company sued Rosmah, demanding that she return the 44 pieces of jewellery that had been sent to her for selection or pay the full price of all the jewellery, amounting to US$14.79 million.
The lawsuit, however, was withdrawn in 2019. - BERNAMA
A summary judgment is where a court decides a case without a trial if the factual or legal position is not in dispute.
The company filed the application in the High Court yesterday through Messrs David Gurupatham & Koay, seeking a mandatory order for the jewellery to be returned to the plaintiff in good condition within 14 days from the date of judgment.
Alternatively, the company sought an order for Rosmah to be liable to pay the damages of RM67,461,027.37 or parts thereof cannot be recovered on reasonable terms or returned in full.
Meanwhile, in her defence, the wife of former Prime Minister Datuk Seri Najib Tun Razak demanded that Global Royalty submit a US$1 million (RM4.59 million) cost guarantee to the court and demanded that the suit be quashed if the company fails to do so.
Rosmah said the guarantee of costs should be given because if she succeeds in her defence and enforces the costs against the company involved, she will have difficulty enforcing the costs order because Global Royalty is a foreign company.
The plaintiff is a company incorporated and registered in Lebanon with an address at Wata el Msaitbeh, Senno Building 8th Floor, Lebanon.
"The plaintiff is, therefore, a foreign company not subject to Malaysia’s court’s jurisdiction and Malaysia does not have any reciprocal agreement to enforce a court’s judgement with Lebanon,” she said in her supporting affidavit.
On March 29, Global Royalty filed a suit against Rosmah and claimed that she had lied by saying that 44 pieces of jewellery, including diamond necklaces, earrings, rings, bracelets, and tiaras sent to her by the company’s agent were seized by the Malaysian authorities for offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
According to the Beirut-based company, this was because only one of the 44 pieces of jewellery was kept by the police and the remaining 43 pieces were not in the custody of the authorities.
Global Royalty also claimed that Rosmah had shifted the burden to the Malaysian government when in fact, the jewellery had gone missing.
On June 26, 2018, the company sued Rosmah, demanding that she return the 44 pieces of jewellery that had been sent to her for selection or pay the full price of all the jewellery, amounting to US$14.79 million.
The lawsuit, however, was withdrawn in 2019. - BERNAMA