Former prime minister Najib Razak and his son, Mohd Nazifuddin, today obtained an order to stay the execution of a summary judgment against them over unpaid income tax amounting to more than RM1.7 billion pending the disposal of their appeals in the Federal Court.
The order was granted by a three-member bench comprising Chief Justice Tengku Maimun Tuan Mat and Federal Court judges Mary Lim Thiam Suan and Rhodzariah Bujang.
"The order to stay the execution of the summary judgment is allowed pending the disposal of the appeals by both of the appellants at the Federal Court," Tengku Maimun said in the proceeding conducted through video conference today.
Earlier, lawyer Muhammad Farhan Muhammad Shafee, representing Najib and Nazifuddin, told the bench that the Inland Revenue Board (LHDN), as the respondent, had raised no objections to the applications by his clients.
This was confirmed by senior revenue counsel Al-Hummidallah Idrus, representing LHDN.
In 2020, two separate High Courts allowed LHDN's applications to enter a summary judgment to recover tax arrears of RM1.69 billion from Najib and RM37.6 million from Nazifuddin for the period of between 2011 and 2017.
On May 10, Najib and Nazifuddin were given the nod by the Federal Court to proceed with their appeals against the decisions of the two High Courts.
Both Najib and Nazifuddin lost their appeals in the Court of Appeal last September to set aside the summary judgment.
A summary judgment is obtained when the court decides on a case through written submissions without a full trial and without calling witnesses.