High Court dismisses Zuraida's bid to strike out PKR lawsuit over RM10mil bond

KUALA LUMPUR: The lawsuit against former PKR vice-president Datuk Zuraida Kamaruddin, who is being sued over a RM10mil bond by her former party, will go to a full hearing.

This follows a decision by the High Court here on Friday (Nov 19) that dismissed Zuraida's application to strike out the suit against her.

Judicial Commissioner Latifah Mohd Tahar said in her ruling there were issues that needed to be ventilated in a full hearing.

She said the claims against Zuraida were not plain and unsustainable ones that could be struck out.

"The defendant (Zuraida) must explain why she signed the bond, the reasons the bond was signed and whether there were implied conditions to it.

"Witnesses need to testify why the bond was executed," she said in her decision via email.

The court also ordered Zuraida to pay RM5,000 in costs.

Zuraida's lawyer Nizamuddin Hamid told The Star that they will file an appeal against the decision.

On Sept 28 last year, PKR secretary-general Datuk Seri Saifuddin Nasution Ismail, who is suing on behalf of the party, named Zuraida as the sole defendant.

In the statement of claim, Saifuddin said Zuraida had executed a bond where she bound herself to pay the party a sum of RM10mil in accordance with terms and conditions that had been set.

The conditions of the bond include that the defendant agreed to pay the party RM10mil no later than seven days upon the occurrence of such events including: the resignation of the defendant from the party; or joining any other political party; or becoming an independent elected representative; after winning the election on a PKR ticket.

Saifuddin claimed that on Feb 24 last year, Zuraida – together with 10 other PKR MPs – announced her resignation from the party without resigning from her elected post of Ampang MP.

He said Zuraida, together with the other MPs, Parti Pribumi Bersatu, Barisan Nasional, PAS and Gabungan Parti Sarawak and others then formed a new bloc known as Perikatan Nasional.

Saifuddin, in his capacity as PKR secretary-general, issued a certificate dated July 24, 2020, to confirm that Zuraida's party membership had been terminated.

PKR claimed to have issued a letter of demand dated Aug 7, 2020, which required Zuraida to pay RM10mil in accordance with the terms of the bond.

Saifuddin claimed that Zuraida had failed, refused and neglected to pay the sum or any part thereof, and therefore he was entitled to claim the sum on behalf of the party from her.

The plaintiff is seeking for the defendant to pay the party RM10mil under the bond, or alternatively, the sum of RM12,049,459.20 – inclusive of RM2,049,459.20 for remuneration received by the defendant as an MP and as Housing and Local Government Minister.

The plaintiff is also seeking interest, costs and other reliefs deemed fit by the court.

In a press statement, Zuraida hit out against the lawsuit and said it was a waste of the court's time.

She said in a democracy, elected representatives were free to leave their political parties and she was sacked for this.