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FEDERAL COURT PUTRAJAYA
TONY PUA KIAM WEE – Appellant
Versus
GOVERNMENT OF MALAYSIA & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. allegations of misfeasance in public office due to unauthorized use of public funds. (Para 1 , 2 , 4) |
| 2. discussion on prior case law and its implications on the current appellate claims. (Para 6 , 7 , 30) |
| 3. definition of public officer and standing to sue. (Para 9) |
| 4. determination of whether the tort of misfeasance was actionable without further evidence. (Para 28 , 29 , 37) |
| 5. court's obligation to interpret law with public interest. (Para 31 , 40) |
| 6. affirmation of court precedent on public office. (Para 32 , 34 , 44) |
| 7. final decision allows appeal against previous rulings. (Para 202) |
[1] In January 2017, Tony Pua, the plaintiff in the High Court and the appellant here ('Tony Pua'), brought an extraordinary claim against the then (and now former) Prime Minister of Malaysia, Dato' Seri Najib bin Tun Abdul Haji Razak ('Najib Razak') and the Government of Malaysia ('Government'), premised on the common law tort of misfeasance in public office.
[2] The thrust of the claim was that the then Prime Minister, Najib Razak, had committed misfeasance in public office in relation to a sovereign fund established for the economic benefit of Malaysia and the Malaysian people, kno
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