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aws【试用账号】(www.2km.me)_Serba Dinamik wants to remove judge in lawsuit

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Citing lawyer Mak Lin Kum, who appeared for Serba Dinamik, the online portal reported that the judge may be perceived to have a favourable view on the actions of SC and Bursa Malaysia, which were conducted by former colleagues of the judge during his SC days. Mak said there exists a “real danger of bias”.

PETALING JAYA: Embattled Serba Dinamik Holdings Bhd is reportedly seeking to disqualify Justice Datuk Ahmad Fairuz Zainol Abidin from presiding over its lawsuit against Bursa Malaysia Securities Bhd.

An online portal reported that Serba Dinamik raised concerns on potential bias by Ahmad Fairuz, pointing out that he has previously served as an executive director of enforcement and the deputy chief executive of the Securities Commission (SC).

The SC has a watching brief status in the hearing of the Serba Dinamik-Bursa Malaysia lawsuit.

Citing lawyer Mak Lin Kum, who appeared for Serba Dinamik, the online portal reported that the judge may be perceived to have a favourable view on the actions of SC and Bursa Malaysia, which were conducted by former colleagues of the judge during his SC days.

Mak said there exists a “real danger of bias”.

It is worth noting that Serba Dinamik has filed an originating summons against Bursa Malaysia in relation to the appointment of E&Y Consulting Sdn Bhd (EY).

EY was appointed by Serba Dinamik in July to undertake a “special independent review” on the company’s financial accounts, following directives from Bursa Malaysia.

Through the originating summons, Serba Dinamik is asking the High Court to declare that Bursa Malaysia’s instruction to appoint EY as a special auditor is “in excess of power, null and void and of no effect”.

In response to Serba Dinamik’s application to recuse Ahmad Fairuz, Bursa Malaysia’s lawyer Datuk Loh Siew Cheang submitted that the SC was not a party to the originating summons filed by Serba Dinamik.

“It is compellingly natural for the SC, as the chief regulator of the capital markets, to take an interest in the proceedings as an observer,” the online portal quoted Loh.

Currently, Serba Dinamik’s securities, including all warrants, have been suspended by Bursa Malaysia for almost seven weeks.

The suspension, which began on Oct 22, was made following the failure by Serba Dinamik to reveal the “Factual Findings Update” from EY’s special independent review.


‘转’载说明:(本)文转载自Sunbet。

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