Wednesday, April 28, 2010

This is what you get when you sue UMNO in their "own" court

UMNO is so vulnerable and untouchable... What you will get when you sue them in their "own" court? Of course, you're looking for big-big trouble....
Instead of you will not get your money back or whatever you claim, you will also be asked to pay for the case....
ironic isn't it? This is Malaysia......
Now, UMNO is freed as a not guilty although they never pay for what they've consume.... fair isn't it? Malaysian style fairness.....

http://www.thestar.com.my/news/story.asp?file=/2010/4/28/nation/20100428131253&sec=nation


Published: Wednesday April 28, 2010 MYT 1:07:00 PM - The Star

Firm loses appeal to reinstate RM218mil suit vs Umno


PUTRAJAYA: Elegant Advisory Sdn Bhd lost an appeal on Wednesday to reinstate its RM218mil civil suit against Umno over non-payment for the supply of election paraphernalia during the 2004 general election.

Justices Tengku Datuk Baharudin Shah Tengku Mahmud, Datuk Wira Abu Samah Nordin and Datuk Sulong Matjeraie unanimously held that the Court of Appeal agreed with the decision of Judicial Commissioner Anantham Kasinater to strike out the suit on the basis that the claim was unclear in stipulating the cause of action.

Baharudin also ordered Elegant Advisory, a supplier company, to pay costs of RM5,000.

On Sept 10 last year, the Kuala Lumpur High Court had allowed Umno's application to strike out the suit on the grounds that it did not follow the Contracts Act 1950.

Former Umno treasurer Datuk Seri Abdul Azim Mohd Zabidi was initially named as a defendant in the suit but his name was replaced with that of former Umno administration and finance secretary Datuk Ishak Abdul Rahman after the High Court allowed the company's application to amend the name of the defendant in the suit last year.

In its writ of summons, Elegant Advisory claimed that it was involved in supplying election merchandise, transportation and publications, and had supplied Umno with the items for the 11th general election in 2004.

The company claimed that it had sent invoices for RM218,013,475 and that the defendant had failed to pay up.

Outside the court, counsel Datuk Hafarizam Harun, who represented Umno, told reporters the appellate court's decision was appropriate.

"As the Umno legal advisor, I hope there will no more similar cases filed against Umno. Umno would have surely paid up if it had used the services and supplies of printers and others," he said.

He said it was hoped that Umno would not be accused in Parliament of having spent more than permitted in a general election campaign under the Elections Act.

Meanwhile, the company's lawyer, Ahmad Tarmizi Abdullah, said he would discuss with his client whether to file an appeal to the Federal Court. - BERNAMA

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