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THE Federal Court today dismissed an appeal by 10 Gombak voters to reinstate their lawsuit against their MP, Mohamed Azmin Ali, for alleged deceit and breach of fiduciary duty.
A three-man panel led by Chief Judge of Malaya Azahar Mohamed was unanimous in its verdict, saying the legal questions proposed by the voters’ lawyer did not fulfil the threshold requirement of section 96 of the Courts of Judicature Act 1964.
He did not make any order as to cost, saying that the matter was a public interest case.
The other two members of the panel were judges Vernon Ong and Rhodzariah Bujang.
Lawyer K. Shanmuga, representing the voters, proposed four legal questions based on whether a MP, who had made representations during the election, could later go against the promise that he had made.
However, Azmin’s counsel, Muhammad Nizamuddin Abdul Hamid, said in order for an applicant to pursue an appeal in the Federal Court, he or she must convince the court by framing novel legal and constitutional questions of public importance and raised for the first time, as required under section 96.,
The voters wanted their suit against Azmin to be reinstated and to be remitted back to the High Court for trial. The suit was dismissed by the Court of Appeal on April 13.
The voters sued Azmin, accusing him of deceit and breach of fiduciary duty for his role in the Sheraton Move.
In their statement of claim, the voters sought a declaration that Azmin, as their MP, had breached his fiduciary obligations, deceived them during the election and also breached the representation made to them.
They sought damages, including aggravated and exemplary damages, interests, costs and other orders deemed fit by the court.
On June 30, last year, Kuala Lumpur High Court dismissed his application to strike out the suit, prompting him to take the case to the Court of Appeal, which subsequently decided in his favour.
Azmin contended that the suit violated his fundamental right to freedom of association, as provided under article 10 (1) (c) of the Federal Constitution. – Bernama, September 27, 2022.