PUTRAJAYA: The Court of Appeal has mounted Jan 10 to fix the hearing date in an attraction by Gombak MP Datuk Seri Azmin Ali, who’s searching for to strike out a lawsuit filed towards him by 10 constituents over alleged deceit and breach of fiduciary obligation.
Lawyer Yohendra Nadarajan, who represented the Gombak voters, confirmed that the date has been mounted following case administration on the appellate courtroom on Tuesday (Jan 4).
He stated the case administration was to regularise the attraction information.
“Everything is in order so the court will fix the hearing date on Jan 10,” he stated when contacted.
Justice Yaacob Md Sam chaired the three-man panel through the proceedings.
The different judges have been Justices S. Nantha Balan and Nordin Hassan.
On Nov 27, 2020, the group of Gombak voters sued Azmin, who can be the (*10*) Trade and Industry Minister, for alleged deceit and breach of fiduciary obligation for leaving the Pakatan Harapan coalition and becoming a member of Perikatan Nasional.
The plaintiffs, aged between 36 and 67, named the Senior Minister as the only defendant.
In the group’s assertion of declare, they stated the defendant had breached his fiduciary obligations and duties as a trustee, which have been owed to them, by orchestrating, taking part, or in any other case being concerned in the “Sheraton Move”.
They are additionally searching for a declaration that the defendant had breached his constitutional oath beneath Article 59(1) learn along with the sixth Schedule of the Federal Constitution.
They need damages together with aggravated or exemplary damages, pursuits, prices and different orders deemed match by the courtroom.
On March 12 final 12 months, Azmin filed to strike out the lawsuit.
In the courtroom doc, Azmin stated the lawsuit filed towards him didn’t have an inexpensive trigger of motion, was a humiliation, frivolous and an abuse of courtroom course of.
He additionally stated the lawsuit was extremely vires to the Federal Constitution and had violated his proper to be in an affiliation as supplied beneath Article 10 (1) (c).
On June 30, High Court Judge Datuk Akhtar Tahir rejected Azmin’s utility to strike out the lawsuit.
Azmin is interesting the High Court’s determination.