An interesting twist in an interesting saga, the SC is seeking to recuse High Court judge Abang Iskandar Abang Hashim from hearing a suit by minority shareholder Michael Chow in E&O Bhd. In 2004 the judge was appointed Director of Enforcement Division of the SC, a job he held until 2009.
From The Malaysian Insider:
The Securities Commission (SC) is seeking to recuse High Court judge Abang Iskandar Abang Hashim from hearing a suit by a minority shareholder in E&O Bhd, which could delay proceedings against the regulator for failing to compel Sime Darby Bhd to buy remaining shares after it bought a 30 per cent stake in the property developer for RM776 million.
Ironically, minority shareholder Michael Chow Keat Thye’s lawyers are battling against the recusal although the trial judge used to be the SC’s enforcement director from May 2004 until he was elevated to the High Court in October 2009.
“Yes, we are fighting against the recusal. We are fine with Yang Arif Abang Iskandar hearing the case,” a lawyer for Chow told The Malaysian Insider, declining to be named as he was not authorised to speak to the media.
The recusal hearing is scheduled for March 14, the original date for the case after Chow obtained leave for his legal suit.
Sime Darby’s subsidiary, Sime Darby Nominees Sdn Bhd (SD Nominees), had applied to intervene in the judicial review on January 7, according to a filing in the Bursa Malaysia.
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