The High Court in Kuala Lumpur has dismissed an application to strike out a suit filed by Santamil Selvi, the widow of private investigator P Balasubramaniam, against Prime Minister Najib Abdul Razak and his wife Rosmah Mansor.

Justice Hue Siew Kheng, who made the decision in chambers, also ordered for the costs of RM2,000 to be paid each by Najib, Rosmah, as well as six other defendants.

The other defendants in the case are Najib's younger brothers Ahmad Johari and Nazim, lawyers Cecil Abraham, Sunil Abraham, and M Arulampalam, and commissioner for oaths Zainal Abidin Muhayat.

Najib's lawyer Nor Hazira Abu Haiyan later told reporters that Justice Hue had set March 16 for the next case management.  

She said the judge had also ruled that the case would be sustainable in court.

"The case is not obviously unsustainable... That is one of the grounds.

"All the (other) issues should be decided in full trial...," said Norhazira.

It is also understood that Justice Hue had ruled that the principle of res judicata does not apply because Santamil's first suit was not heard while her second suit was a different cause of action.

Res judicata means that a matter may not be pursued further by the same parties since it has been adjudicated by a competent court.

Santamil was represented today by Gopal Sri Ram, Syed Iskandar Syed Jaafar Al Mahdzar and Damien Chan.

Counsels for the defendants had previously argued that the High Court is bound by res judicata as a higher court decision had already allowed the striking-out application of Santamil’s previous suit against the same defendants.

The first suit was filed in 2014 against Najib, Rosmah, and seven others, for allegedly committing a conspiracy which forced their family to be exiled in India for five years.

The first suit was never heard and they have since exhausted the appeals process.

Santamil then filed the second suit on Aug 1 last year, claiming injury and loss of income, following the family's exile to India in 2008, after Balasubramaniam's first and second statutory declaration on the murder of Altantuya Shaaribuu.

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