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

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 of the Federal Court.

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

Among the questions include whether an action for deceit or breach of fiduciary duties can be maintained by voters against a Member of Parliament or a Member or a State Legislative Assembly for representations made by the member personally to the voters.

The 10 voters filed the suit against Mohamed Azmin, who is a Senior Minister and Minister of International Trade and Industry, on Nov 27, 2020, for alleged deceit and breach of fiduciary duty as their Member of Parliament 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 Mohamed Azmin, as the Gombak Member of Parliament, 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, Mohamed Azmin filed an application to strike out the suit claiming that the suit 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 Mohamed 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.