Prime Minister Najib Abdul Razak’s application to strike out the US$3.66 billion suit by former senator Mohamad Ezam Mohd Nor over losses incurred by 1MDB has been fixed by the Kuala Lumpur High Court for Nov 22.

Justice Nik Hasmat Nik Mohamad fixed the date in her chambers following case management.

It was previously reported that Najib had filed the application last July, while 1MDB and its board of directors, also named in the suit, filed their applications in August.

Ezam filed suit last April, claiming that Najib and nine former 1MDB directors had breached their fiduciary duties, and accused them of intentionally causing “wrongful losses” of US$3.66 billion.

The former PKR Youth leader said he filed the suit to represent all Malaysians, and pledged to return the funds back to 1MDB and the government should the court rule in his favour.

Najib is being sued in his capacity as finance minister and chief executive of the government. The others named as defendants include Treasury secretary-general Mohd Irwan Serigar Abdullah, 1MDB president Arul Kanda Kandasamy, as well as two current and nine former 1MDB directors.

The present directors of 1MDB are Kamal Mohd Ali and Norazman Ayob while the former directors are Che Lodin Wok Kamaruddin, Ismee Ismail, Ong Gim Huat, Shahrol Azral Ibrahim Halmi, Ashvin Jethanand Valiram, Mohd Hazem Abd Rahman @ Mohamed, Mohd Bakke Salleh, Azlan Mohd Zainol and Tengku Rahimah Al-Marhum.

The US$3.66 billion Ezam is claiming includes US$1.03 billion transferred to Good Star Ltd and used for a joint venture with Petro Saudi International Ltd, US$1.367 billion paid to Aabar BVI, and a US$1.26 billion paid to Tanore Finance Corporation.

Ezam was represented by Farez Jinnah.

Besides this suit by Ezam, Najib is also facing suits from former law minister Zaid Ibrahim and Petaling Jaya Utara MP Tony Pua, both of which are related to 1MDB.

Recently, Najib successfully struck out a misfeasance suit filed by former premier Dr Mahathir Mohamad, Anina Saadudin and Khairuddin Abu Hassan, which is pending appeal.