Lawyer S Karthigesan, appearing for the quintet, told the High Court today that his clients required time to review and possibly expand their questions in light of the development in the US.

He said the applicants had finalised the proposed questions for referral under Section 84 of the Courts of Judicature Act 1964 but that a recent “major update” necessitated a reassessment.

The US Supreme Court ruled last Friday that president Donald Trump had exceeded his authority in imposing tariffs under a 1977 economic emergency powers law.

“In view of that decision, we need to revisit how the questions should be framed before bringing them to the Federal Court,” he told the court during case management before Justice Amarjeet Singh.

The court granted the applicants time until March 2 to file their leave application.

Meanwhile, senior federal counsel Nurhafizza Azizan informed the court that the government would be filing an application to strike out the originating summons.

She sought time until March 16 to file the application.

The five MPs – Rosol Wahid (Hulu Terengganu), Fathul Huzir Ayob (Gerik), Awang Hashim (Pendang), Mas Ermieyati Samsudin (Masjid Tanah) and Abdul Khalib Abdullah (Rompin) – filed the originating summons on Jan 19.

They are seeking to challenge the validity of the ART signed between Malaysia and the US last October.

The plaintiffs are seeking declarations that Prime Minister Anwar Ibrahim lacked the constitutional authority to bind the federation to the agreement, and that the government failed to uphold the principle of collective responsibility.

They also contend that the attorney-general failed to properly advise on the constitutional prerequisites before Malaysia could be lawfully bound.

Among others, they are seeking a declaration that the trade agreement, including its outcomes, is unconstitutional and void.