KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad and two others succeeded in their bid to strike out tycoon Tan Sri Halim Saad's suit against them over losses he allegedly suffered after the acquisition of Renong Berhad and United Engineers Malaysia Berhad (UEM) shares by the government 23 years ago.
High Court judicial commissioner Dr Suzana Muhamad Said allowed the application of Dr Mahathir, former finance minister II Tan Sri Nor Mohamed Yakcop and the government, ruling that there was a basis for the limitation of time (statute of limitation).
Halim, the former executive chairman and director of Renong, filed the suit against the trio on Aug 2 last year.
Judicial commissioner Dr Suzana said the court found that there was also a suit filed by Halim against Khazanah Nasional Berhad, Nor Mohamed and the government on the same matter in 2013 which had been disposed of.
She said whatever issues raised then were bound by the principle of res judicata and limitation of time.
"There is a reason why there is a limitation clause. It is to put a stop to unnecessary action being taken especially after a period of time.
"To me, the occasion was in 2001. It has been more than 20 years and also considering that fact the suit in 2013, after more than 10 years, then only this instant case is being brought forward to the court," she ruled.
In 2013, the High Court struck out Halim's suit to claim RM1.8 billion in damages for selling his shares, on the grounds that it was filed beyond the six-year time frame allowed under the Limitation Act 1953.
Judicial commissioner Dr Suzana said consequently, there was no necessity for the court to consider Halim's application to refer two constitutional questions to the Federal Court.
She ordered Halim to pay RM10,000 in costs to the trio.
Halim was represented by counsels Datuk Malik Imtiaz Sarwar and Surendra Ananth.
Senior Federal Counsel Ahmad Hanir Hambaly represented Dr Mahathir, Nor Mohamed and the government.
The plaintiff, Halim, in his statement of claim, contended that the first and second defendants (Dr Mahathir and Nor Mohamed) had acted on behalf of the government and were the prime movers in respect of the said compulsory acquisition and deprivation in 2001.
Halim claimed that Renong's 37.92 per cent shares in UEM belonged to him.
He had intended to make a general offer on UEM, either through Renong or jointly with Renong, to take it private as a subsidiary of Renong.
This would have enabled Halim, by virtue of his Renong shares, to acquire control and have full ownership of UEM through Renong.
"The plaintiff was, however, directed by Dr Mahathir through Nor Mohamed, not to proceed with the takeover as the government wanted to acquire all the shares in UEM through a designated entity, Khazanah Nasional Bhd.
"The plaintiff was also directed to exit both UEM and Renong, both as shareholder and director including in subsidiaries of the said companies," claimed Halim.
Halim also claimed that this had required him to cede his control over Renong and UEM to the government and to eventually dispose of his Renong shares at a loss.
The plaintiff claimed he complied with Dr Mahathir's directive as the latter was the then prime minister and finance minister.
He claimed that this had breached his rights as enshrined in Article 8 and Article 13 of the Federal Constitution.