The High Court in Kuala Lumpur today dismissed former Batu Kawan Umno division leader Khairuddin Abu Hassan's application to cross-examine Low Taek Jho and to set aside the memorandum of appearance of his appointed lawyer Francis Ng Aik Guan.

Justice Ahmad Zaidi Ibrahim said evidence was lacking to show that Low, better known as Jho Low, did not appoint Ng.

"What the plaintiff claims is the possible forgery of Jho Low's signature in appointing Messrs Ng Aik Guan. The lawyer who claims (to represent) Jho Low is of good repute.

“What is claimed indirectly is that the lawyer is involved in a criminal act but this is not supported by strong evidence and this the court cannot accept," Justice Ahmad Zaidi said adding he noted the possibility that Jho Low was an alleged fugitive.

"Jho Low signed the warrant to appoint Ng before the Malaysian Counsel-General in Hong Kong and this is provided for by the law. There is no evidence to suggest otherwise.

"The plaintiff has failed to convince this court to strike out the appointment. As there is no basis for this application, the plaintiff's application to cross-examine Jho Low is also dismissed," the judge ruled.

He added that he found it odd that while the plaintiff had claimed not being able to serve the statement of claim, he had objected to Ng's presence when the memorandum of appearance for the appointment was made and sought to strike it out.

It was previously reported that Khairuddin's lawyer, Syed Iskandar Syed Jaafar Al Mahdzar, had instructed his dispatch clerk to serve the statement of claim to Jho Low with regard to Khairuddin's pink diamond suit against the prime minister's wife Rosmah Mansor, Jho Low and 1MDB.

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The clerk made three attempts to serve it at Jho Low's last known address in Tanjung Bungah, Penang, after the suit was filed on Aug 15 last year, but failed. A substitute service was made on Oct 5.

Ng then sent a letter, dated Sept 29, saying that he had been appointed to appear for Jho Low.

Prior to that, a lawyer who did not want to be identified appeared during case management, claiming to appear for another lawyer friend who claimed to represent Jho Low.

Khairuddin had challenged the appointment of Ng and sought a court order to compel Jho Low to appear in person.

His counsel Gopal Sri Ram, a former Federal Court judge, pointed out during submissions last month that the affidavit and also notice of appearance contained neither Jho Low's Malaysian identity card number nor his Hong Kong address.

“A person who affirms an affidavit must be prepared to be cross-examined in court. The plaintiff is entitled to question him as in the affidavit which he affirmed, he cites his Penang address but the affidavit is affirmed in Hong Kong.

“We want to know if he (Jho Low) is the man appointing Ng, because we do not know whether there is a shadowy person behind the appointment.

“The manner leading to Ng's appointment is spurious, and hence the court should allow us to cross-examine the second defendant,” Sri Ram had said.

Khairuddin's US$23.7 million suit is to direct Rosmah (photo, above) to return a 22-carat pink diamond necklace set, allegedly bought with siphoned 1MDB funds.

Khairuddin alleged that between June 2013 and March 2014, Low had acted through his agent, Eric Tan, to purchase jewellery from Lorraine Schwartz in New York for the sum of US$27.3 million, which Khairuddin said came from misappropriated 1MDB funds.

Khairuddin claimed that the necklace was given to Rosmah sometime in March 2014 and that it should be returned to 1MDB, along with the return of the money Low allegedly misappropriated from the sovereign wealth fund.

He added that since Rosmah gave no consideration to the said necklace, she has no title in law or equity to it, meaning that 1MDB was entitled to have it back.

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The pink diamond necklace set was mentioned in the United States Department of Justice's (DOJ) 2015 civil forfeiture suit related to 1MDB.

The DOJ documents alleged that Jho Low had procured the necklace for the wife of Malaysian Official 1 (MO1). Minister in the Prime Minister's Department Abdul Rahman Dahlan has since confirmed that 'MO1' is Najib.

Rosmah and 1MDB have applied to strike out the suit, as has Jho Low.

Justice Ahmad Zaidi fixed March 26 for case management on the striking out application.

Lawyers Rishwant Singh of M/s Cecil Abraham & Partners appeared for Ng while Yazid Mustaqim appeared for Rosmah and Keynes Tan for 1MDB.

Syed Iskandar and Damian Chan appeared for Khairuddin.

Khairuddin has also applied to adduce evidence from the Singapore court regarding the 1MDB case.

Syed Iskandar indicated that his client may consider an appeal against today's ruling.