Lawyer Mohamed Haniff Khatri Abdulla’s civil action against Bersatu over alleged unpaid legal fees of RM12.5 million will go for a full trial in 2024.
The Kuala Lumpur High Court this morning dismissed counsel’s application for summary judgment in the lawsuit against the ruling political party.
When contacted, Haniff confirmed that judge Akhtar Tahir did not allow his summary judgment application and that the court ordered him to pay RM3,000 in costs to Bersatu.
“The (full) trial has been fixed from March 18 to 22, 2024. (I) will appeal to the Court of Appeal in due course,” the lawyer said, adding that the High Court has yet to make any determination on the merit of the lawsuit.
Under the law of civil action, a plaintiff’s successful summary judgment would have allowed the court to award in favour of him, while not going for a full trial and disregarding any defence that the defendant may raise against the suit.
Filed writ of summons
Haniff’s application - under Order 14 of the Rules of Court 2012 - was done on his contention whether Bersatu should have raised their defence under the statutory scheme of the Legal Profession Act 1976, and that due to the defendant’s alleged failure to do this, the defence raised now in court does not amount to triable issues.
In July last year, the media reported that the lawyer filed the writ of summons, which named then prime minister and Bersatu president Muhyiddin Yassin, Home Minister Hamzah Zainudin and party treasurer Mohamed Salleh Bajuri.
Through his statement of claim, Haniff alleged that the RM12.5 million is for legal services rendered from Bersatu’s inception in 2016 under its then chairperson Dr Mahathir Mohamad and until the party pulled out from the then Pakatan Harapan coalition in February 2020.
Bersatu is now part of the Perikatan Nasional administration led by premier Ismail Sabri Yaakob.
“From 2015 to 2016, the plaintiff was a lawyer actively battling via legal means the kleptocracy, corruption and abuse of power by then prime minister Najib Razak and his administration,” Haniff claimed in the cause papers.
“Thus, based on similar philosophical ideologies, the plaintiff was called by Dr Mahathir Mohamad, Muhyiddin and Mukhriz Mahathir to offer legal advice related to the laws concerning the formation and administration of a political party.
“These individuals directly or indirectly involved the plaintiff and used his legal services,” the lawyer claimed.
Legal services
Haniff alleged that among these services were Bersatu’s registration with the Registrar of Societies (RoS), representing the party in court cases, and advising it over issues related to the 14th general election (GE14).
“The plaintiff pleads that his legal services to Bersatu ended on Feb 24, 2020, when Bersatu violated the pact with Pakatan’s component parties to form the government.
“And, Bersatu also swerved from its original objective to defend Malay rights through a clean and ethical administration with integrity when it formed a pact with BN, which is known for its corruption, abuse of power and kleptocratic practices,” the counsel alleged.
Haniff claimed that on Jan 11 last year, an invoice was issued to Bersatu, Muhyiddin and Hamzah and that further reminders were later issued to Salleh and Muhyiddin.
The counsel also alleged that the defendants stayed silent and did not object to the invoice. - Mkini
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