BERNAMA
14/01/2021
KUALA LUMPUR, Jan 14 -- Datuk Seri Mohamed Azmin Ali will file an application to strike out a suit filed by 10 Gombak voters against him for alleged deceit and breach of fiduciary duty as the MP for the parliamentary constituency.
His lawyer, Nizamuddin Hamid, told Bernama this after the case management via e-review today, which was held before High Court deputy registrar Maslinda Selamat.
“We will be filing our application to strike out the action (suit) before the next case management, which is set on Feb 16, because we believe that there is no reasonable cause of action, that the action is frivolous and an abuse of the court process,” he said.
Nizamuddin said, during the case management today, he also highlighted to the court on the misrepresentation of the plaintiffs’ solicitors to the media concerning the purported service of the cause papers on his client and his failure to attend court during the last case management.
“Based on the affidavits of service filed by the plaintiffs’ solicitor and sighted by us, it is clear that neither the writ nor statement of claim was served personally on the defendant nor to any person duly authorised by the defendant to accept service of his behalf and the court has taken notice of this,” he said.
The 10 registered voters in the Gombak parliamentary constituency had filed the suit on Nov 27 last year against Mohamed Azmin for alleged deceit and breach of fiduciary duty through the ‘Sheraton Move’ that caused the Pakatan Harapan government to collapse in February last year.
In their statement of claim, the plaintiffs, aged between 36 and 64, are seeking, among others, a declaration that Mohamed Azmin, as the Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency as well as breached representation owed to them.
The voters claimed, by breaching these representations, the defendant had violated constitutional rights, especially the principles of parliamentary democracy and representative democracy, which form part of the basic structure of the constitution.
Therefore, the plaintiffs are applying for a declaration that the defendant has breached his fiduciary duties and the duties owed, in addition to deceiving them, and as such are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.
