KUALA LUMPUR: Gombak MP Datuk Seri Azmin Ali has filed an application to strike out a lawsuit filed against him by 10 constituents over alleged deceit and breach of fiduciary duty.
When contacted, his lawyer Nizamuddin Hamid confirmed that the notice of motion was filed at the High Court here on Friday (March 12).
“The next case management date is March 24,” he added.
In the court document, Azmin said the lawsuit filed against him did not have a reasonable cause of action, was an embarrassment, frivolous and an abuse of the court process.
He also said the lawsuit was ultra vires the Federal Constitution and had violated his right to be in an association as provided under Article 10 (1) (c) of the Constitution.
The case was brought up for case management via e-Review on Thursday.
On Nov 27, the group of Gombak voters sued Azmin, who is also the International Trade and Industry Minister, for alleged deceit and breach of fiduciary duty for leaving the Pakatan Harapan coalition and joining Perikatan Nasional.
The plaintiffs, aged between 36 and 67, named the senior minister as the sole defendant.
In the group’s statement of claim, they said he had breached his fiduciary obligations and duties as a trustee, which were owed to them, by orchestrating, participating, or otherwise being involved in the “Sheraton Move”.
The group stated that on April 27,2018, the defendant announced on his Facebook page that he would be contesting in the Gombak and Bukit Antarabangsa seats as a member of Pakatan.
They claimed Azmin had made the representations that he would remain a member of PKR and his primary goal to contest was to ensure that Barisan Nasional, especially Umno, did not form the Federal Government.
“The representations were made by the defendant knowingly in order to induce the plaintiffs to cast their votes for him as the candidate for PKR and Pakatan, ” they claimed.
They said Azmin won the seats but the promised reforms were stalled or backtracked after he orchestrated or took part in the change of government as a result of the “Sheraton Move”.
The group is seeking a declaration that the defendant owed a fiduciary duty in respect to his relationship with his constituents, including the plaintiffs; that he had breached his representations; and that he had committed the tort of deceit against them.
They are also seeking a declaration that the defendant had breached his constitutional oath under Article 59(1) read together with the 6th Schedule of the Federal Constitution.
They want damages including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.- The Star