Former Pos Malaysia Berhad (PMB) non-executive chairperson Adam Kadir has lost his suits concerning the termination of his contract as PMB’s chairperson.

The High Court today dismissed his suits against the Minister of Finance (MOF) and the government and against Khazanah Nasional Berhad managing director Azman Mokhtar. Khazanah is PMB’s biggest shareholder.

On Oct 22 last year, Adam, 69, filed the legal action against the MOF and the government for breach of contract of his chairmanship and sought a  declaration that the termination of his contract or dismissal as non-executive chairman of the company was null and void.

He filed the suit against Azman on Nov 4 last year, alleging that due to the latter’s unlawful interference, the government decided to terminate his contract through two letters signed by the minister dated May 23 and May 26, 2008.

His appointment was supposed to end only on Feb 28, 2009.    

In his decision, Judicial Commissioner Dr Prasad Sandosham Abraham held that Adam had named the wrong party in the suit, in which the proper party which should be named was the Minister of Finance Incorporated (MOF Inc), the special shareholder of PMB.

    

He said in this case, the question raised was who should be named as the defendant in the suits, whether the MOF or MOF Inc.

“I agree with the senior federal counsel’s submission that the proper party in this case is MOF Inc,” he said.

Furthermore, he said, in this case, the MOF had exercised its power to appoint Adam by way of an appointment letter, and not by a contract according to the MOF Act 1957.

Dr Prasad also said that former chairman of PMB Abdul Halim Ali, was appointed through the same method.

Counsel Azhana Mohd Khairudin represented Adam, senior federal counsel Shamsul Bolhassan appeared for the MOF and government while counsel Nitin Nadkarni acted for Azman.

- Bernama