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

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