Datuk Seri Dr. Dzulkefly Bin Ahmad v Dato' Seri Mohd Najib Bin Tun Abdul Razak
Catchwords
ABSTRACT The Plaintiff sought to recuse the judge based on her familial relationship to the former Attorney General appointed by the Defendant in 2016, and alleged judicial coercion through a deadline to file a Notice of Discontinuance or face dismissal. The application was filed nearly twelve months after learning of the judge's background and one week before the imposed deadline. Applying the "real danger of bias" test from R v Gough, the court found no evidence of actual bias or circumstances creating real danger thereof. The remote familial connection (seven years past) and routine case management directions were insufficient for recusal. The strategic timing suggested tactical judge-shopping rather than genuine bias concerns. KEYWORDS Recusal - bias test – case management – settlement
Judges (1)
Case Significance
Datuk Seri Dr. Dzulkefly Bin Ahmad v Dato' Seri Mohd Najib Bin Tun Abdul Razak is a High Court (Mahkamah Tinggi) decision dated July 28, 2025 (citation: wa-23cy-1-01-2022). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Recusal - bias test – case management – settlement.
What was the outcome of Datuk Seri Dr. Dzulkefly Bin Ahmad v Dato' Seri Mohd Najib Bin Tun Abdul Razak?
Datuk Seri Dr. Dzulkefly Bin Ahmad v Dato' Seri Mohd Najib Bin Tun Abdul Razak is a High Court decision dated July 28, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-23cy-1-01-2022)