Halim Saad appeals dismissal of suit against Dr Mahathir, ex-finance minister

Businessman seeks to overturn high court decision, which struck out his claim for being filed out of time

Tan Sri Halim Saad’s (left) case against Tun Dr Mahathir Mohamad and other defendants centres on the businessman’s attempts to privatise UEM Bhd. – Combo pic, June 17, 2024

KUALA LUMPUR – Businessman Tan Sri Halim Saad has filed an appeal against the high court’s decision to dismiss his suit against the government, former prime minister Tun Dr Mahathir Mohamad and former finance minister II Tan Sri Nor Mohamed Yakcop. 

Court documents indicate that Halim lodged his appeal with the Court of Appeal on June 11, with case management set for September 9.

On May 14, the high court had granted the defendants’ request to strike out Halim’s suit, effectively dismissing it and ordering him to pay RM10,000 in costs. 

Judicial commissioner Suzana Muhamad Said ruled against Halim on the grounds of the statute of limitations, invoking the principle of res judicata, which prevents the re-litigation of cases that have been adjudicated on their merits.

“There is a reason why there is a limitation. It is to put a stop to unnecessary action being taken, especially after a period of time,” the court noted in its judgment.

The judgment also referenced a previous civil suit filed by Halim on April 17, 2013, against Khazanah Nasional, Nor Mohamed and the government, in which he sought approximately RM1.8 billion in damages over the sale of his shares in Renong Bhd. 

This case was similarly dismissed on October 31 of the same year due to the statute of limitations, as Halim filed it beyond the six-year time frame.

Halim’s case against Dr Mahathir, Nor Mohamed and the government centres on his attempt to privatise United Engineers Malaysia Bhd (UEM) as a subsidiary of Renong. 

In his statement of claim filed on August 2 last year, Halim, formerly the executive chairman and director of Renong, alleged that Dr Mahathir and Nor Mohamed instructed him not to proceed with the privatisation because the government intended to acquire all UEM shares through Khazanah or a designated entity.

Halim asserted that he was directed to relinquish his roles and shares in UEM and Renong, resulting in his loss of control over these companies and the forced sale of his Renong shares at a loss. 

He claimed that Khazanah, through its subsidiary Danasaham Sdn Bhd, gained control over UEM, which owned 32.6% of Renong shares at the time.

Halim is seeking compensation for the forced takeover by the government between July and October 2001 and a declaration affirming his status as a Renong shareholder.

The defendants, including the government, Dr Mahathir and Nor Mohamed, have denied any forcible takeover of UEM and Renong shares owned by Halim 23 years ago. They contend that Halim approved the takeover and received RM165 million in compensation. – June 17, 2024