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2024 MarsdenLR 4918

COURT OF APPEAL PUTRAJAYA
TAN SRI DR MOHD IRWAN SERIGAR ABDULLAH – Appellant
Versus
DATUK KAMAL MOHD ALI & ANOR AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Lavania Kumaraendran,Mavin Thillainathan ,Respondent Advocate: Razlan Hadri Zulkifli,Edmund Choi Sing Eu

JUDGMENT

S Nantha Balan JCA:

Introduction

[1] There are 2 appeals before us, namely, Civil Appeal No W-02(IM)(NCVC)-1572-09/2024 ("Appeal 1572") and Civil Appeal No W-02(IM)(NCVC)-1573-09/2024 ("Appeal 1573"). The Appellant in both appeals is Tan Sri Dr Mohd Irwan Serigar bin Abdullah ("Irwan"). He is the 2nd Defendant in Kuala Lumpur High Court Suit No WA-22NCvC-338-05/2021 ("Suit 338"). The appeals are against the decision of the Learned Judicial Commissioner (as he then was) dated 6 September 2024 in Suit 338. The Plaintiff in Suit 338 is 1Malaysia Development Berhad or more infamously known as "1MDB". The 1st Defendant in Suit 338 is Arul Kanda A/L Kandasamy. We shall refer to the 1st Defendant in Suit 388 as "Arul Kanda" and the Appellant in both appeals as "Irwan". Arul Kanda and Irwan shall be collectively referred to as "the Defendants". The Respondents in Appeal 1572 are Datuk Kamal bin Mohd Ali (Third-Party 1) and Dato' Seri Norazman bin Ayob (Third-Party 2). The Respondent in Appeal 1573 is Azmi bin Tahir (Third-Party 3). For ease of reference we shall refer to the Respondents in both appeals by their abbreviated names, "Kamal", "Norazman" and "Azmi" respectively. Where nec



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