Malaysia

CoA rejects Zuraida’s bid to dismiss PKR’s RM10 mil suit for breaching bond

Three-member panel agree full trial needed to settle dispute

Updated 4 years ago · Published on 06 Sep 2022 7:20PM

CoA rejects Zuraida’s bid to dismiss PKR’s RM10 mil suit for breaching bond
The Court of Appeal today dismisses former PKR vice-president Datuk Zuraida Kamaruddin’s appeal to strike out a lawsuit filed against her by the party for breaching the party bond. – The Vibes file pic, September 6, 2022

PUTRAJAYA – The Court of Appeal today dismissed former PKR vice-president Datuk Zuraida Kamaruddin’s appeal to strike out a lawsuit filed against her by the party for breaching the party bond.

A three-member panel led by Justice Datuk Vazeer Alam Mydin Meera in an unanimous decision agreed with the high court judge that the issue of the legality and validity of the contract between the parties (Zuraida and PKR) could only be determined through a full trial.

“The court needs to hear full evidence, both documentary and orally, (viva voce) before a decision is made. We do not find that the high court judge was clearly wrong in deciding that the issues raised in this suit are not suitable for consideration for striking out the application.

“Hence, the appeal is dismissed with cost RM10,000 and the decision of the high court is affirmed,” Justice Vazeer said in his decision delivered via video-conferencing.

The other two judges were Datuk M. Gunalan and Datuk Seri Mariana Yahya.

The panel made the ruling after hearing submissions from counsels Muhammad Nizamuddin Abdul Hamid, representing Zuraida and Ranjit Singh, who appeared for PKR secretary-general Datuk Seri Saifuddin Nasution Ismail.

On November 19, 2021, the high court dismissed Zuraida’s application to strike out the suit filed by the party on September 28, 2020.

In the statement of claim, PKR claimed that Zuraida, who is now Plantation Industries and Commodities minister, had signed a bond on April 25, 2018, binding her to pay RM10 million to the party as stated in the bond’s terms and conditions.

Among the terms and conditions are that the defendant (Zuraida) admitted that the party has incurred significant expenses to promote itself and that the defendant also admitted that by appointing her as a candidate and giving her permission to use the party’s logo, emblem, symbol, and flag, the party has further increased the value of the defendant in the amount of more than RM10 million.

PKR claimed that Zuraida agreed to pay the party a sum of RM10 million at the latest seven days, in the event of several incidents, after winning the election on a PKR ticket, including if she resigns from the party or joins other political parties or becomes an independent elected representative.

The party claimed that on or around February 24, 2020, Zuraida in a statement with 10 PKR MPs announced their resignation from the party without her resigning as Ampang MP, and eventually formed a new bloc known as Perikatan Nasional.

PKR is seeking Zuraida to pay RM10 million in accordance with the terms of the bond, or alternatively RM12,049,459.20 under Section 71 of the Contracts Act, with interest of 5% on the amount to be determined by the court, as well as other costs and relief deemed fit by the court. – Bernama, September 6, 2022

Related News

Malaysia / 6d

Hassan disappointed by ministers’ absence during Budget 2027 debate

Malaysia / 1w

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia / 2w

PKR leader challenges BN to state position on Eric See-To controversy

Malaysia / 3w

Santhara back in PKR, but RM10m bond dispute remains

Malaysia / 3w

PKR questions Lee’s attendance at party, Petaling Jaya meetings

Malaysia / 4w

The three ‘wild cards’ in the coming general election

Spotlight

Malaysia

Mahathir’s RM150m defamation suit against Anwar faces uncertainty

Malaysia

Son shocked by father’s fatal hacking in FELDA settlement

Malaysia

Election Commission to meet on Nov 6 to set key dates for Sarawak polls

Malaysia

PH says final 72 hours could decide Melaka election outcome despite 70-80% target

Malaysia

RM3.28m Govt aid reaches 164 Indian community places of worship

Malaysia

Ismail Lasim holds off on new Negeri Sembilan exco appointments pending court decision

By Alfian Z.M. Tahir

Malaysia

Battersea project’s high upfront cost led to losses for Malaysian investors, says Anwar

Malaysia

Ras Adiba condemns unauthorised entry into missing TV host Zalina Azman’s home

You may be interested

Malaysia

Kepong MP accuses PAS of exploiting Sultan’s decree to inflame religious sentiment over live pig issue

Malaysia

Police record 9 statements over alleged sexual harassment by Bagan Datuk school principal

Malaysia

Nine barred from BUDI MADANI as MOF probes suspected RM270,000 fuel subsidy abuse

Malaysia

UMNO acted without any form of consensus - MCA warns 

Malaysia

UMNO living up to its 'bad kid on the block' image

Malaysia

Two Chinese nationals arrested in Hong Kong over suspected drug smuggling from Penang

Malaysia

KLIA shooter loses appeal to backdate seven-year jail term to arrest date

Malaysia

Govt allocates RM150m to complete 554 homes for next-generation Felda settlers