Hafiz Yatim Nov 25, 09 3:48pmLawyers representing Elegant Advisory Sdn Bhd today filed a record of appeal over the Kuala Lumpur High Court's decision on Sept 10 to strike out their RM218 million claim against Umno.
Elegant Advisory took Umno to court last year to recover unpaid for bills for campaign material it delivered to the party for use in the 2004 General Election.
Lawyers Ahmad Termizi Abdullah and Mohd Nazruddin Abdullah (left) filed the application on behalf of their client just before noon at the Court of Appeal registry in Putrajaya.
Ahmad Termizi said the grounds of appeal included the company's strongly felt view that the matter should have gone through trial and not struck off without a proper hearing.
"We feel this is in violation of High Court Rules, as the matter should have been brought before a hearing. Our client also feels it was not a vexatious claim.
"We also feel that the judge should not have referred to affidavits when the matter was being heard in chambers," said Ahmad Termizi.
He added a proper course was followed by Elegant Advisory to file the action and hence, the matter should not have been dismissed.
Ahmad Termizi said his client also felt they had fulfilled requirements under the doctrine of 'equittable estoppel' and also the Contracts Act 1950.
Ahmad Termizi said no dates were fixed for the appeal to be heard.
No privity of contract
Judicial Commissioner Anantham Kasinater had, on Sept 10, ruled that the application by Elegant Advisory was without basis and did not follow the Contracts Act.
"The court is satisfied that it did not meet the requirements of Section 71 of the Act and ruled it was unjust enrichment. The court is also satisfied there is no privity of contract between Elegant Advisory and Umno.
"Based on the plaintiff's statement of claim, it does not include material facts necessary to establish viable legal right enforceable against the defendant," said Justice Anantham in chambers.
He said in his judgment, the application was frivolous and vexatious and does not merit a full trial.
The scandal was first highlighted by Malaysiakini in a series of exclusive reports three months after the 2004 General Election when BN won a landslide victory.
Elegant Advisory filed the suit in June 2008, claiming a sum of RM218,013,475 as compensation from Umno for the supply of election campaign materials including posters, banners, buntings, flags, souvenirs, mineral water and other transport costs.
The claim was made on the basis of Section 71 of the Contracts Act, in which Umno is obliged to pay for the campaign materials to Elegant Advisory.
In March 2004, Elegant Advisory had filed its statement of claim alleging it supplied the campaign materials to Umno on the party's request and an order was agreed between the parties.
"The plaintiff has fulfilled the defendant's request and order [...] in a huge quantity and in a short period by appointing third parties as printers for the posters, banners, bunting, flags and other necessary items for the 11th General Election and for Umno," the company added in its statement of claim.
Elegant Advisory had initially named the then Umno treasurer Abdul Azim Mohd Zabidi in the suit. However, the High Court allowed it to remove Abdul Azim's name and amend the statement of claim to include former Umno administration and finance secretary Ishak Abdul Rahman.
Elegant Advisory took Umno to court last year to recover unpaid for bills for campaign material it delivered to the party for use in the 2004 General Election.
Lawyers Ahmad Termizi Abdullah and Mohd Nazruddin Abdullah (left) filed the application on behalf of their client just before noon at the Court of Appeal registry in Putrajaya.
Ahmad Termizi said the grounds of appeal included the company's strongly felt view that the matter should have gone through trial and not struck off without a proper hearing.
"We feel this is in violation of High Court Rules, as the matter should have been brought before a hearing. Our client also feels it was not a vexatious claim.
"We also feel that the judge should not have referred to affidavits when the matter was being heard in chambers," said Ahmad Termizi.
He added a proper course was followed by Elegant Advisory to file the action and hence, the matter should not have been dismissed.
Ahmad Termizi said his client also felt they had fulfilled requirements under the doctrine of 'equittable estoppel' and also the Contracts Act 1950.
Ahmad Termizi said no dates were fixed for the appeal to be heard.
No privity of contract
Judicial Commissioner Anantham Kasinater had, on Sept 10, ruled that the application by Elegant Advisory was without basis and did not follow the Contracts Act.
"The court is satisfied that it did not meet the requirements of Section 71 of the Act and ruled it was unjust enrichment. The court is also satisfied there is no privity of contract between Elegant Advisory and Umno.
"Based on the plaintiff's statement of claim, it does not include material facts necessary to establish viable legal right enforceable against the defendant," said Justice Anantham in chambers.
He said in his judgment, the application was frivolous and vexatious and does not merit a full trial.
The scandal was first highlighted by Malaysiakini in a series of exclusive reports three months after the 2004 General Election when BN won a landslide victory.
Elegant Advisory filed the suit in June 2008, claiming a sum of RM218,013,475 as compensation from Umno for the supply of election campaign materials including posters, banners, buntings, flags, souvenirs, mineral water and other transport costs.
The claim was made on the basis of Section 71 of the Contracts Act, in which Umno is obliged to pay for the campaign materials to Elegant Advisory.
In March 2004, Elegant Advisory had filed its statement of claim alleging it supplied the campaign materials to Umno on the party's request and an order was agreed between the parties.
"The plaintiff has fulfilled the defendant's request and order [...] in a huge quantity and in a short period by appointing third parties as printers for the posters, banners, bunting, flags and other necessary items for the 11th General Election and for Umno," the company added in its statement of claim.
Elegant Advisory had initially named the then Umno treasurer Abdul Azim Mohd Zabidi in the suit. However, the High Court allowed it to remove Abdul Azim's name and amend the statement of claim to include former Umno administration and finance secretary Ishak Abdul Rahman.
Original Source: http://www.malaysiakini.com/news/118336





