Hearing to strike out amended statement of claims from RM300 million to RM500 million, deferred

The Kuala Lumpur Shariah High Court today deferred to 11 August to hear an application to strike out the amended statement of claims submitted by Shahnaz Abdul Majid against her former husband Sarawak business entrepreneur Datuk Seri Mahmud Abu Bekir Taib.

The hearing was originally set for today to hear the objections raised by Mahmud’s lawyers Datuk Zainul Rijal Abu Bakar, Saadiah Din and Muhammad Izaan Azalan.

The amended statement of claims among others included a spike from the original application of RM300 million to RM500 million as well as a revised list of additional assets to support her claims in matrimonial assets division.

Mahmud’s lawyers vehemently objected to the amended statement. The striking out application, they said, was procedurally irregular with no prior leave obtained from the court.

Lawyer acting for the plaintiff Shahnaz, Mohd Rafie Mohd Shafie, told the court that he had not received instructions to act on his client’s behalf in this matter as they had yet to convey Mahmud’s striking out application to their client.

However, Mahmud’s lawyers made it clear that the application to strike out the amended statement of claims had been handed to Shahnaz’s co-lawyer Akberdin Abdul Kader much in advance on 21 May 2015.

They added it was Rafie that requested the matter be brought before Judge Ibrahim Deris.  No mention on the lack of instructions from their client was made at that time.

As such, Mahmud’s lawyers contended that Shahnaz’s lawyers should have obtained the requisite instructions, be well prepared and to proceed accordingly.

Judge Ibrahim Deris then enquired reasons for the delay and was told by Rafie that they had overlooked this matter.

The visibly upset judge in a brief reprimand then agreed with the suggestion by Mahmud’s lawyers to postpone the hearing to a date when the Shahnaz team would be better prepared.

The filing of documents was then set for 29 June and hearing for 11 August.

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