THE Court of Appeal today threw out an attempt by Umno to have a lawsuit filed against the political party by SRC International Sdn Bhd and two of its subsidiaries dismissed.
A three-member panel comprising Justices Hadhariah Syed Ismail, Abu Bakar Jais and Mariana Yahya found no merit in Umno’s appeal.
“This is not a plain and obvious case for striking out,” said Hadhariah, who chaired the panel.
She said there were many issues raised in the pleadings including breach of fiduciary duty, breach of trust, misappropriation of trust money, and fraudulent of trust money, which could only be determined through a full trial.
“All the respondents are asking is the right to be heard,” she said, adding that if there is any wrong being done, there are ways to make it right.
Hadhariah upheld the High Court decision made on November 10.
Meanwhile, the panel also dismissed a similar appeal against SRC International and its subsidiaries amending the names of the defendants.
SRC International, Gandingan Mentari and Jendela Pinggiran claimed that Umno knew, or ought to have known, that a RM16 million donation belonged to SRC International and the party had no basis to receive the funds.
The companies initially filed the suit naming Umno, which was sued through its President Ahmad Zahid Hamidi and secretary-general Ahmad Maslan as defendants.
The High Court allowed the companies to amend the defendants and statement of claim, replacing Zahid and Ahmad with Umno working secretary Mohd Sumali Reduan.
On May 10, 2021, the Finance Ministry confirmed that 1Malaysia Development Bhd (1MDB) and its subsidiary, SRC International Sdn Bhd, had filed 22 civil suits to seek its assets of more than RM96.6 billion, including RM300 million from various local parties.
It said the suits were filed on May 7, 2021, six by 1MDB and 16 by SRC.
Nur Syafinaz Vani Abdullah represented SRC International, Gandingan Mentari and Jendela Pinggiran. – Bernama, June 14, 2022.