The Kuala Lumpur High Court has fixed March 5 for a decision on the government’s application to strike out Tajudin Ramli’s RM500 million counter-claim.

The same court also fixed the same date for Tajudin’s application to strike out Malaysia Airlines’ (MAS) suit against him following the arbitration in the German case in which the national carrier had to pay RM174 milion.

The matter came up before Justice Rosilah Yop as parties made their submissions in her chambers.

Tajudin was represented by lawyer Lim Kian Leong.

“The matter is fixed on March 5 for both striking-out applications. I cannot comment further as it would be sub-judice,” Lim told reporters after meeting the judge with the other parties in chambers.

In the suit filed in 2006, MAS, along with MAS Golden Holidays Sdn Bhd and MAS Hotels & Boutiques Sdn Bhd, names Tajudin, his former company Naluri Corporation Bhd, Promet (Langkawi) Resorts Sdn Bhd, Kauthar Venture Capital Sdn Bhd and Pakatan Permai Sdn Bhd were named as defendants.

It claims that Tajudin had intentionally breached his various duties or obligations and committed breaches of trust by having MAS procure various contracts for his own interests.

It says Tajudin, as director and chairperson of MAS, neglected advice given to the national carrier nor took the reasonable steps  incumbent on an executive, resulting in MAS suffering losses.

MAS also allleged that Tajudin was guilty of unconscionable conduct when holding the senior positions in the airline and used his influence to continue the VIP chartering service with the purchase of a Boeing 737 Business Jet for US$31 million in 1997, despite MAS suffering losses.

The airline says Tajudin also dishonestly concealed his interests in Cendanasari Insurance Brokers Sdn Bhd, in a parcel of land in Langkawi and in a luxury yacht, Colombo Star.

Tajudin in return filed a RM500 million defence and counter-claim against MAS and the government, denying he had breached fiduciary duty, trust, or was fraudulent where his obligations were concerned.

He claimed the MAS suit contained bare allegations, with no facts or circumstances cited to back them. Tajudin denied all allegations of conspiracy and concealment in his statement of claim, charging that it was brought on without any justification, was frivolous and vexatious and an abuse of due process.

He claimed MAS had acted with malice and in bad faith in initiating the suit against him in order to cause injury, damage and embarrassment to him, his reputation and business.

He also claimed that the MAS report filed with the Malaysian Anti Corruption Commission against him was defamatory.

German case

Besides this suit, MAS along with MAS Cargo Sdn Bhd filed also named its former chairperson, former MASKargo vice-president Ralph Manfred Gotz, former MAS director Wan Aishah Wan Hamid and a former consultant Uwe Juergen Beck, for the RM174 million MAS lost in the Hahn operations and €5.5million (RM27 million) that MAS was ordered to pay as an award made in an ICC Arbitration involving ACL Hahn Advanced Cargo Logistics GmbH in Germany.

This matter involves an arbitration in which MAS intends to charge Tajudin to pay the amount. However, Tajudin has applied to strike out this suit.

Meanwhile, Rosilah has fixed five days beginning March 12 for hearing of the MAS, MAS Golden Holidays Sdn Bhd and MAS Hotels & Boutiques Sdn Bhd case against Tajudin and four others.

This matter came about after Justice Rosilah dismissed Tajudin’s application for a stay of proceedings last week.