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Wednesday, June 17, 2009

July 30 hearing on suit against Umno by supplier

KUALA LUMPUR: The High Court has set July 30 to hear the striking out of a civil suit filed by a supplier against Umno treasurer Datuk Seri Abdul Azim Mohd Zabidi for printed materials, transportation and mineral water used by the party in the 2004 general election.

The matter will be heard by High Court judge Justice Azhar Mohamed.

High Court deputy registrar Aziati Jaafar set the date when the case was mentioned in chambers Wednesday.

Lawyer Mohd Nazruddin Abdullah appeared for the supplier in the court proceedings.

On Aug 11 last year a High Court had ordered Umno to pay RM218mil to Elegant Advisory Sdn Bhd over the supply of the items to the party.

High Court deputy registrar Ahmad Faizadh Yahaya had on July 17 last year issued the judgment in default.

The supplier sought the judgment after Umno failed to respond to its suit. It also had to pay RM225 in costs.

Elegant Advisory had on June 23 last year filed a civil suit against Abdul Azim over the supply of the 11th general election campaign materials, which also included posters, banners, buntings, flags and souvenirs.

However, on Jan 21 this year, Umno succeeded in its bid to set aside the judgment in default.

In an endorsement of claim, the plaintiff (the supplier) said the defendant was sued based on him being an official of the party.

The plaintiff sought damages worth RM218,013,475 and other costs deemed fit by the court.

In response, Abdul Azim filed an application on July 24 to set aside the judgment saying that it was a wrongful action and an abuse of the court process.

In his affidavit supporting the application to set aside the judgment, Abdul Azim said the suit should have named the party’s public officer as defendant instead of him.

He said that it was Barisan Nasional and not Umno, which contested in the 11th general election.

Umno legal advisor Datuk Mohd Hafarizam Harun, who acted for defendant, said that he had immediately filed a summons in chambers to strike out the supplier’s suit.

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