JUDGMENT

Abdul Rahman Sebli JCA:

[1] In the High Court at Kuala Lumpur, the appellants sued the respondent, Datuk Seri Mohd Najib Tun Haji Abdul Razak for the tort of misfeasance in public office and for "breach of fiduciaries in public office". The tort of misfeasance in public office was alleged to have been committed by the respondent in his capacities as the Prime Minister of Malaysia, Minister of Finance, President of the United Malays National Organisation (UMNO) and Chairman of the Barisan Nasional (BN).

[2] It was alleged that in those capacities the respondent was in a position to control, command, instruct, require, to insist on any act, conduct, omissions, within the power of each and every machinery, including but not limited to the various Government Ministries and Parliamentary Offices or legal enforcement agencies or any other public figure or civil servant "to do certain things".

[3] The appellants' case was that the respondent had carried out acts to undermine, subvert and compromise the various institutions involved in the probe into 1Malaysia Development Berhad ("1MDB") and other related companies and the alleged remittance of approximately RM2.6 billion and RM42 million "or any other amount" into the respondent's personal bank accounts.