PUTRAJAYA: The Court of Appeal has set Aug 18 next year to hear businessman Tan Sri Halim Saad's appeal against a High Court's decision which struck out a lawsuit he filed against former prime minister Tun Dr Mahathir Mohamad and two others.
The lawsuit pertains to alleged losses he incurred following the government's acquisition of shares in Renong Bhd and United Engineers Malaysia Berhad (UEM) in 2001.
Lawyer A.Surendra Ananth, representing Halim, confirmed the date when contacted by Bernama.
On May 9, this year, the High Court allowed the applications by Dr Mahathir Mohamad, former finance minister II Tan Sri Nor Mohamed Yakcop, and the government to strike out the lawsuit filed by the business tycoon.
In his statement of claim, Halim, who is the former executive chairman and director of Renong, claimed he had intended to make a general offer to privatise UEM as a subsidiary of Renong, which would have allowed him to full ownership and control of UEM.
However, he claimed that he was instructed by Dr Mahathir and Nor Mohamed not to proceed with the general offer because the government wanted to take over all the shares in UEM through a designated entity, namely Khazanah Nasional Berhad (Khazanah) or a party to be nominated by Khazanah.
Halim further alleged that he was also instructed to relinquish his positions as a shareholder and director of UEM and Renong, as well as their subsidiaries, requiring him to hand over control of Renong and UEM to the government and sell his Renong shares at a loss.
In his memorandum of appeal, the 71-year-old business tycoon argued that the judicial commissioner erred in law and fact in dismissing his claim by res judicata due to his previous claim in the High Court.
He also contended that the judicial commissioner erred in law and fact in ruling that the limitation period applies to his case.
In her grounds of judgment, Judicial Commissioner Dr Suzana Muhamad Said said the cause of action raised in the current suit has been litigated and decided in the 2013 suit.
She said Halim's suit was also time-barred.
In the statement of defence, the three defendants denied having forcibly taken over the shareholding of the two companies as the takeover was approved by Halim, who received RM165 million in compensation.