PUTRAJAYA: Ten Gombak voters failed in their final attempt to sue their member of Parliament Datuk Seri Mohamed Azmin Ali for breaching his fiduciary duty and representations to his constituents.
This was after the Federal Court today upheld the Court of Appeal’s decision in allowing the senior minister’s application to quash the suit.
Azmin’s lawyer Muhammad Nizamuddin Abdul Hamid when contacted confirmed the matter.
Chief Judge of Malaya (CJM) Tan Sri Azahar Mohamed made the ruling during an online proceedings this morning.
Azmin, who is International Trade and Industry Minister, had filed the striking out application on grounds that there was no reasonable cause of action by the 10 voters to bring the suit against him.
In the application, he claimed that the legal action had brought him into disgrace and was frivolous, vexatious and an abuse of the court process.
On Nov 27, 2020, the group had filed the suit against Azmin for alleged deceit and breach of fiduciary duty through the ‘Sheraton Move’ that caused the Pakatan Harapan government to collapse in February, last year.
In their statement of claim, the plaintiffs, aged between 36 and 64, are seeking, among others, a declaration that Azmin, as the Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency as well as breached representation owed to them.
The voters claimed, by breaching these representations, the defendant had violated constitutional rights, especially the principles of parliamentary democracy and representative democracy, which form part of the basic structure of the constitution.
Therefore, the plaintiffs are applying for a declaration that the defendant has breached his fiduciary duties and the duties owed, in addition to deceiving them, and as such are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.-NST