PUTRAJAYA: The Court of Appeal will hear Umno’s appeal to strike out a RM16 million lawsuit filed by SRC International Sdn Bhd and its two subsidiaries on June 14.
Lawyer Baharudeen Mohamed Ariff said the appellate court would also hear the party’s appeal against last year’s High Court ruling which allowed the plaintiffs to amend their statement of claim.
Baharudeen said both appeals would be conducted via Zoom.
“The appeal hearing date was fixed at an earlier case management, and parties have filed written submissions,” he told FMT after further case management before deputy registrar Habibah Haron today.
Lawyer Elani Mazlan appeared for the plaintiffs – SRC International Jendela Pinggiran Sdn Bhd and Gandingan Mentari Sdn Bhd.
On Nov 10 last year, the Kuala Lumpur High Court dismissed Umno’s striking out application and allowed the plaintiffs to amend the statements of claim.
In its writ of summons, the plaintiffs claimed that Umno knew, or ought to have known, that the RM16 million belonged to SRC International and it had no basis to receive the money.
On May 10 last year, the finance ministry confirmed that 1MDB and its subsidiary SRC International had filed 22 civil suits to recover its assets.
Umno has taken the stand that the suit ought to be annulled as the plaintiffs have no cause of action.
Further, it said, the plaintiffs have no capacity to sue as they failed to include the public officer – Umno’s executive secretary – as a defendant to their action.
Instead, it said, the plaintiffs have only named Umno president Ahmad Zahid Hamidi, secretary-general Ahmad Maslan and other office-bearers as defendants. - FMT
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