PUTRAJAYA: The Federal Court has granted PKR leave to appeal against an appellate court decision reducing the payment owed by its former vice-president Datuk Zuraida Kamaruddin in a party bond breach case from RM10mil to RM100,000.
The leave application was allowed by a three-judge panel Tuesday (June 24) comprising Justices Tan Sri Nallini Pathmanathan, Datuk Nordin Hassan and Datuk Vazeer Alam Mydin Meera.
The appeal will centre on a single question of law, which was amended by the bench during today’s hearing.
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The question allowed to be argued in the substantive appeal is whether a party (A) to a financial bond, agrees to pay a certain sum of money as liquidated damages to (B) upon the happening of a certain event; and admits in a recital to such financial bond, that the sum of money represented the value that (A) had received from (B), can have the court override such admission of fact and proceed to decide whether that sum constitutes reasonable compensation, taking into account the peculiar nature of the relationship between the parties.
On Dec 11, a Court of Appeal three-member bench led by Justice Datuk See Mee Chun upheld the High Court’s ruling that Zuraida had breached the bond, but reduced the quantum payment from RM10mil to RM100,000.
Previously, on June 23, 2023, the High Court in Kuala Lumpur ruled in favour of PKR and ordered Zuraida, who is the former Ampang MP, to pay RM10mil in accordance with the bond’s terms.
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Presiding judge justice Datuk Akhtar Tahir held that the bond was a valid and binding contract.
The lawsuit was initiated in 2020 by then PKR secretary-general Datuk Seri Saifuddin Nasution Ismail on behalf of the party, claiming Zuraida had violated the terms of a bond she signed before contesting in the 14th General Election in 2018.
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Under the bond, among others, Zuraida was required to pay RM10mil to the party within seven days if she resigned from PKR, joined another political party, or became an independent representative after being elected on a PKR ticket.
In her defence, Zuraida contended that she was forced to sign the bond to be able to stand for election as a candidate in the general election under the PKR banner. – Bernama
