No lawyer appeared for Azmin Ali in today’s Kuala Lumpur High Court case management of a lawsuit by a group of Gombak voters against the International Trade and Industry Minister, said a lawyer.
Yohendra Nadarajan, who is acting for the Gombak constituents in question, said this was despite the cause papers having been served on the Gombak MP on Dec 1. The suit was filed on Nov 27.
According to the Rules of Court 2012, a lawyer of a defendant needs to enter an appearance in the suit within 14 days of the cause papers being served. It has now been four weeks.
It was reported that the ten Gombak constituents filed the suit against Azmin over an alleged breach of promises made in the run-up to the 14th general election (GE14).
Yohendra was speaking after taking part in today’s e-review (online) case management of the suit before deputy registrar Maslinda Selamat.
“There was no lawyer who appeared for Azmin in today’s case management.
“This is despite the legal papers having been served on him (on Dec 1).
“The deputy registrar had then directed me to file an affidavit of service (to prove the service of the cause papers on Azmin). She then fixed Jan 14 next year for further case management,” Yohendra said.
The lawyer added that if still no lawyer appears for Azmin on the Jan 14 case management, then the 10 Gombak constituents would file for judgment in default against the minister.
Under the law, a plaintiff may seek a judgment in default if the defendant fails to appear in court or file a Memorandum of Appearance, despite cause papers having been validly served on the defendant.
According to a copy of the lawsuit, the 10 plaintiffs are seeking a total of nine court declarations, including how their elected representative owes them a fiduciary duty and has breached that duty.
A fiduciary duty typically refers to a relationship between a trustee and the beneficiary.
The plaintiffs alleged that Azmin had violated their trust by working with BN in the “Sheraton Move” political coup to cause the collapse of the Pakatan Harapan federal government despite campaigning and winning his seat on a PKR/Harapan ticket.
Formerly deputy president of PKR, Azmin is now a Bersatu supreme council member. - Mkini
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