PUTRAJAYA: The Federal Court here dismissed former PKR vice-president Datuk Zuraida Kamaruddin’s application to review its earlier decision granting PKR leave to appeal against the appellate court’s ruling to reduce the bond payment from RM10mil to RM100,000 in a party bond breach case.
In a unanimous decision, a three-member bench chaired by Justice Datuk Rhodzariah Bujang held that the apex court would grant a review only in exceptional circumstances and to prevent injustice.
Justice Rhodzariah said the earlier bench’s decision to amend the draft question was merely to assist the court in determining the issue at hand before hearing the merits of the appeal.
“To our mind, the said amendment of the question is meant to seek a resolution of the appeal proper for future cases based on the factual matrix of this case.
“By refining the original question, it did not materially alter the question posed before the apex bench and does not amount to an exercise of excess jurisdiction in the matter.
“Therefore, we dismissed the application for review with costs of RM50,000,” said Justice Rhodzariah, who sat with Justices Datuk Mohd Nazlan Mohd Ghazali and Datuk Collin Lawrence Sequerah.
The matter is fixed for case management tomorrow to set a hearing date for PKR’s appeal.
On June 24 last year, the Federal Court granted PKR leave to appeal against the matter.
On Dec 11, 2024, the appellate court three-man bench led by Judge 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.
On June 23, 2023, the Kuala Lumpur High Court ruled in favour of PKR and ordered Zuraida, who is the former Ampang MP, to pay RM10mil in accordance with the bond’s terms.
The presiding judge, Datuk Akhtar Tahir, held that the bond was a valid and binding contract.
The lawsuit was initiated in 2020 by PKR’s 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.
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 the party’s ticket.
In her defence, Zuraida contended that she was forced to sign the bond in order to stand as a PKR candidate in the general election. — Bernama
