KUALA LUMPUR (July 28): The High Court on Thursday (July 28) has allowed 1Malaysia Development Bhd (1MDB) and its subsidiaries to amend their writ for the second time in the suit filed against fugitive businessman Low Taek Jho (Jho Low) and five others, including his father Tan Sri Larry Low Hock Peng and mother Puan Sri Goh Gaik Ewe.

The other defendants are Jho Low's close associate Eric Tan Kim Loong and his siblings Low Taek Szen and Low May Lin.

The suit alleges that the defendants were involved in fraudulent concealment, knowing receipt, fraudulent misappropriation of funds, unjust enrichment, breach of trust and conspiracy.

According to 1MDB, the amendments concern typographical errors of the sum claimed.

The amendment, which was filed on June 18 by solicitors Messrs Skrine, was allowed by Justice Hayatul Akmal Abdul Aziz when the case was called up on Thursday.

Counsel Siva Kumar Kanagasabai from Messrs Skrine confirmed the amendment when contacted by theedgemarkets.com.

In general, 1MDB and its subsidiaries are seeking declarations that the defendants are trustees to millions of dollars, either in cash or assets, and for the amounts to be returned.

1MDB is now seeking a declaration that the fugitive businessman is a trustee of US$657.75 million and that the amount, which was misappropriated from the now-defunct state fund, be returned. The original writ had stated the amount as US$1.03 billion, before it was amended for the first time to US$660.75 million.

Meanwhile, the fund is also seeking a declaration that Jho Low and his father were trustees of US$327.75 million. In the original writ, the amount was stated as US$328 million before it was amended to US$324.75 million.

As for Jho Low and May Lin, 1MDB wants a declaration that they are both constructive trustees of US$3.5 million.

Meanwhile, two 1MDB subsidiaries — namely 1MDB Energy Ltd and 1MDB Energy (Langat) Ltd — named Jho Low and Tan as joint trustees to a whopping US$1.09 billion.

Both 1MDB Energy and 1MDB Energy (Langat) are also seeking from Jho Low, Tan and Goh to return either US$1.695 million worth of jewellery or a return of that sum.

As for 1MDB Global Investments Ltd — now known as Global Diversified Investment Company Ltd — it has claimed that Jho Low, Tan and Hock Peng are constructive trustees to a sum of US$629.602 million.

Global Diversified Investment has further claimed that Jho Low, Tan and Taek Szen are constructive trustees of US$2 million.

Additionally, Global Diversified Investment has also alleged that Jho Low, Tan, Hock Peng and Taek Szen are constructive trustees of US$25.5 million.

Another subsidiary 1MDB Energy Holdings Ltd is seeking a declaration that Jho Low and Tan are constructive trustees of a sum of US$397.333 million.

Additionally 1MDB and its subsidiaries are seeking general, aggravated, punitive damages to the sum.

Justice Hayatul Akmal also granted leave (permission) to 1MDB and its subsidiaries to serve the court papers out of jurisdiction to Taek Szen and May Lin, who are said to be in Hong Kong and Singapore respectively.

1MDB originally filed the suit on Jho Low and five others in May last year. Last March, 1MDB had obtained a Mareva injunction against Jho Low and Hock Peng to freeze US$1.432 billion, and the decision was upheld in May following an inter-partes hearing.

1MDB and the other plaintiffs had also sought leave to initiate committal proceedings against Jho Low and Hock Peng for not obeying the Mareva injunction. That hearing for leave to initiate committal proceedings is scheduled for next month.

The new amounts sought by 1MDB and its subsidiaries

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