Umno applies to set aside RM218m judgment - Star

PETALING JAYA: Aug 11, 2008 By AUDREY EDWARDS

Umno's application to set aside a RM218mil Kuala Lumpur High Court judgment will be heard on Oct 13.

The application had been made by the party's treasurer Datuk Seri Abdul Azim Mohd Zabidi on July 24 following the judgment ordering Umno to pay the amount to Elegant Advisory Sdn Bhd for campaign materials obtained for the general election in 2004.

The application to set aside the judgment in default will be heard by a deputy registrar at the High Court commercial division.

In his affidavit, Abdul Azim, the sole defendant in the suit, said the writ summons and statement of claim by the plaintiff was contrary to Section 9(c) of the Organisation Act 1966 where the public officer of Umno should have been named as defendant and not him.

He also said the two documents had been handed over to an individual named Sahrena.

The affidavit also said the statement of claim by the plaintiff did not specifically state who and when the instructions were given to.

"I have also been advised by the lawyer and believe that because there was no detailed order of purchase, so no contract existed," the affidavit stated.

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

Abdul Azim also said the material was used by Barisan with the dacing (scales) symbol and not the keris, which was Umno's symbol.

He said he believed the action taken by the plaintiff was a misjoinder adding that he had not been served the judgment in default by the plaintiff causing him not to be informed of the court's decision.

He said the plaintiff had also filed another court action against the party three years ago and this rendered its latest action legally wrong and was an "after-thought".

The case was settled out of court with the four companies, Art Printing Works Sdn Bhd, NHK Transport & Warehouse Sdn Bhd Percetakan Rina Sdn Bhd and Setia Kawan Printers Sdn Bhd.

Among his defence was that there was no contract between the parties as no purchase order had been issued, the delivery documents were not in order where it was addressed to the wrong party and the amount was inaccurate and the plaintiff's action was a form of compulsion and abuse on Umno by the plaintiff.

When contacted Monday, Abdul Azim called the RM218mil claim frivolous and Umno would fight the matter in court.

He said the party's management committee had already been informed of the claim and he had been advised by it and lawyers to defend the suit.

Of the out of court settlement, Abdul Azim said this was done as the four companies were able to substantiate their claims.