Pkr Appeals To Federal Court To Get Full Rm10m From Zuraida For Defecting

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PKR has turned to the Federal Court to compel its ex-vice president Zuraida Kamaruddin to pay the full RM10 million bond for defecting from the party.
The ruling party’s lawyer Navpreet Singh today said they have on Jan 8 filed for leave to appeal to the apex court to challenge the Court of Appeal’s discount of the bond quantum from RM10 million to RM100,000.
Navpreet said the appeal leave papers have been served on Zuraida’s legal team, and the apex court has set Feb 10 for case management.
“⁠Briefly, through the motion, PKR has proposed 12 questions of law to the Federal Court, challenging the Court of Appeal’s decision to reduce the bond quantum from RM10 million to RM100,000, seeking to reinstate the original amount,” the lawyer said.
Among these legal questions are whether a recital of fact in a contract operates as an estoppel which binds the parties to a contract, and whether parties are allowed to admit contradictory evidence of a recital of fact in a contract.
Another legal question was whether the court ought not to intervene where the damages clause has been negotiated by commercial parties with similar bargaining power on the presumption that the parties will be able to assess the appropriate proportion between the legitimate interest in the performance of the primary obligation and the consequence of breach to which they have agreed.
In its ruling on Dec 11 last year, the Court of Appeal said that RM10 million was too “exorbitant” a sum for the former Ampang MP to pay.
The fine print
Initially a veteran member of PKR, Zuraida (above) left the party as part of the “Sheraton Move” in early 2020, which led to the collapse of the Pakatan Harapan government after 22 months in power. Zuraida contested and won the Ampang parliamentary seat in the 2018 general election.
Former PKR secretary-general Saifuddin Nasution Ismail initiated the RM10 million suit on behalf of the party following her defection.
In the statement of claim, Saifuddin said Zuraida executed a bond, where she had bound herself to pay the party a sum of RM10 million based on established terms and conditions of the agreement.
The terms and conditions of the bond include Zuraida agreeing to pay the party RM10 million no later than seven days upon her resignation from PKR, joining any other political party, or being an independent elected representative after she won the election on a PKR ticket. - Mkini

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