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1MDB seeks to serve writ of summons to six parties overseas

KUALA LUMPUR (Bernama): 1Malaysia Development Berhad (1MDB) has filed an application to seek permission to issue and serve the writ of summons against six parties, including two overseas banking firms.

The six parties are banking companies Coutts & Co Ltd and J.P. Morgan (Switzerland) Ltd; two companies incorporated in Saudi Arabia namely PetroSaudi International Limited and Petrosaudi Holdings (Cayman) Limited as well as two individuals, namely Tarik Isam Ahmed Obaid (Tarik Obaid) of Saudi Arabia and British citizen Patrick Andrew Marc Mahony (Patrick Mahony).

All the parties are the second to seventh defendants in the suit filed by 1MDB worth US$1.83bil, among others for alleged breach of contract, negligence and criminal conspiracy for the misappropriation of 1MDB funds.

Based on copies of documents obtained by Bernama through the judicial system today, 1MDB as the plaintiff had filed the ex parte notice of application through Messrs Rosli Dahlan Saravana Partnership in the High Court here on Aug 27, to simultaneously issue and serve the writ of summons for delivery outside the jurisdiction.

The application was filed on the grounds that the second to fifth defendants were conducting their business outside Malaysia, among others in Zurich and Geneva, Switzerland; Al Khobar in Saudi Arabia and Grand Cayman in the Cayman Islands, while the sixth defendant Tarik Obaid is a resident of Al-Khobar, Saudi Arabia, and seventh defendant Patrick Mohany a resident in London, Britain.

In the application, the plaintiff also sought permission to serve the writ of summons simultaneously to all the defendants, wherever they could be found.

The hearing of the application is set for Sept 30 in front of Judicial Commissioner Quay Chew Soon.

On May 7, 1MDB filed the suit naming Deutsche Bank (Malaysia) Bhd, Coutts & Co, J.P. Morgan (Switzerland), PetroSaudi International, PetroSaudi Holdings (Cayman), Tarik Obaid and Patrick Mahony as first to seventh defendants.

The plaintiff alleged that all the defendants were negligent, breached the contract and conspired to defraud 1MDB to the point of causing losses to the company as well as damaging 1MDB's reputation and good name.

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2 September 2021

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