Malaysia

Gombak voters file leave to appeal in bid to reinstate suit against Azmin

This follows appellate court’s decision last month to strike out their legal action

Updated 4 years ago · Published on 12 May 2022 4:39PM

Gombak voters file leave to appeal in bid to reinstate suit against Azmin
In their statement of claim, the voters seek, among others, a declaration that Gombak MP Datuk Seri Mohamed Azmin Ali had breached his fiduciary obligations, deceived them during the elections in the constituency and also breached the representation made to them. – The Vibes file pic, May 12, 2022

PUTRAJAYA – Ten Gombak voters have turned to the Federal Court in an attempt to reinstate their lawsuit against Gombak MP Datuk Seri Mohamed Azmin Ali for alleged deceit and breach of fiduciary duty.

Lawyer Yohendra Nadarajan, when contacted, confirmed that the notice of motion seeking leave to appeal was filed two days ago. 

Last April 13, a Court of Appeal three-member panel led by justice Datuk Yaacob Md Sam ruled in favour of Azmin and struck out the voters’ lawsuit.

In the notice of motion, the voters submitted nine legal questions for argument and decision by the Federal Court.

Under Section 96 of the Courts of Judicature Act 1964, applicants must convince the court that the questions of law are novel, of public importance and being raised for the first time. 

Among the questions of law include whether an action for deceit or breach of fiduciary duties can be maintained by voters against an MP or member of a state legislative assembly for representations made by the member personally to voters.

The 10 voters filed the suit against Azmin, who is a senior minister and international trade and industry minister, on November 27, 2020, for alleged deceit and breach of fiduciary duty as their MP through the “Sheraton Move” that caused the Pakatan Harapan government to collapse in February the same year.

In their statement of claim, the voters seek, among others, a declaration that Azmin, as Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency and also breached the representation made to them.

They also seek damages including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.

On March 12 last year, Azmin filed an application to strike out the suit, claiming that it did not disclose a reasonable cause of action and was frivolous, vexatious and an abuse of court process.

He contended that the suit violated his fundamental right to freedom of association as provided under Article 10 Clause (1)(c) of the federal constitution.

On June 30, last year, the Kuala Lumpur High Court dismissed Azmin’s application to strike out the suit, prompting him to file an appeal to the Court of Appeal, which then decided in favour of him and struck out the lawsuit. – Bernama, May 12, 2022

Related News

Malaysia / 1mth

Share economic benefits equitably, reduce toxic politics of race and religion, says Guan Eng

Malaysia / 1mth

MCMC investigates Anthropic's alleged manipulation of Malaysian politics using AI

Malaysia / 1mth

Demolition of temple in Perlis nothing to do with politics – State Mufti

Malaysia / 2mth

BN-PN ‘cooperation’ a stab in the back, says Amanah leader

Malaysia / 2mth

Racial politics or stability and economic growth? Voters must decide, says Penang CM

Malaysia / 2mth

Politics of race and religion are unsustainable, says Amanah VP

Spotlight

Malaysia

Man kidnapped, tortured, and killed following misunderstanding

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

Ivana Smit’s mother considers Federal Court appeal after RM1.1m award overturned

Education

Schools in Negeri Sembilan, Melaka to reopen tomorrow as haze conditions improve

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

World

Pope Leo XIV diagnosed with lung cancer after successful surgery

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

You may be interested

Malaysia

Malaysian suspect claims airport staff were paid to let cocaine shipment pass in Japan

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Ten per cent of Malaysian jobs face AI-related automation risks - Economy Minister

Malaysia

Will exempting MSMEs from the minimum wage requirement widen inequality?

Malaysia

Malaysia positions dispute resolution as key to attracting investment, delivering major projects

Malaysia

Teacher denies negligence charges over fatal school SUV crash in Kota Bharu

Malaysia

MCMC probes viral video over allegedly misleading Budget 2027 tax claims

Malaysia

No official reports of Malaysian firms linked to Indonesia’s open burning