KUALA LUMPUR: The High Court today denied former PKR vice-president Datuk Zuraida Kamaruddin's bid to strike out the party's suit against her for breaching a bond binding her to the party.
In her decision, judicial commissioner Datuk Seri Latifah Mohd Tahar said there were issues in regards with the bond signed by Zuraida on April 25, 2018, that needed to be ventilated in a full hearing.
"This is not a plain and unsustainable claim which can be struck out," she said.
Latifah said Zuraida needed to explain why she had signed the bond and whether there were implied conditions to it.
She said evidence through the witnesses of both parties to provide explanations on why bond was executed was also crucial.
"Therefore, the striking out application is dismissed," she said in the proceeding which was conducted online via e-Review.
She also ordered RM5,000 as costs.
On Sept 28, last year, PKR secretary-general Saifuddin Nasution Ismail had on behalf of the party filed the suit to claim RM10 million for allegedly breaching the bond binding her to the party.
In the statement of claim, Saifuddin said Zuraida had executed a bond on April 25, 2018, in which she bound herself to pay the party the sum in accordance to the terms and conditions set under the bond.
The terms include, among others, that Zuraida agrees to pay the party a sum of RM10 million not later than seven days upon winning the election on the PKR ticket and then resigning from the party or joining any other political party or becoming an independent elected representative.
Saifuddin claimed that on Feb 24, that year, Zuraida had announced her resignation from the party through a statement with 10 other PKR members of parliament (MPs) without stepping down from her elected post of Ampang MP.
He said the defendant, together with Parti Pribumi Bersatu Malaysia (Bersatu) and then opposition parties, namely Barisan Nasional (BN), Parti Islam Se-Malaysia (Pas), Gabungan Parti Sarawak (GRS) and others formed a new bloc known as Perikatan Nasional (PN).
This, he claimed, had caused the fall of the Pakatan Harapan federal government and when PN took over, Zuraida was appointed a minister in the PN federal government.
He further claimed that under Section 71 of the Contracts Act 1950, Zuraida's resignation as the MP, which she won on the party's ticket using the party's logo, marks, services and support by members, activists, and supporters, had deprived the party of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government.
The plaintiff claimed that he relied on Section 71 to establish the party's right to recover compensation and benefits enjoyed by the defendant having been elected as the party's candidate in the 14th general election as Ampang MP.
He said the defendant had enjoyed the benefits of being elected as the party's candidate and winning the Ampang parliamentary seat and it was therefore unjust for her to retain the benefits without paying compensation for such marks and support she received.
Therefore, the plaintiff is seeking for the defendant to pay RM10 million to the party under the bond.
Alternatively, the plaintiff is seeking for RM12,049,459.20 under Section 71, which is inclusive of RM2,049,459.20 for the remunerations the defendant received as an MP and minister of housing and local government for 40 months from March until the expiry of the 14th Parliament.
