KUALA LUMPUR: Former Umno treasurer Datuk Seri Abdul Azim Mohd Zabidi has been struck off as a defendant in a RM218mil suit filed by Elegant Advisor Sdn Bhd against the party for alleged non-payment of merchandise and transportation provided during the 2004 general election.
The High Court here allowed Elegant Advisor to name former Umno administration and finance secretary Datuk Ishak Abdul Rahman as the new defendant.
Justice Anantham Kasinater ordered the company to compensate Abdul Azim RM5,000 within 14 days.
Abdul Azim was ordered by the High Court on July 17 last year to pay Elegant Advisory RM218mil, interest and costs, after he failed to respond to the suit.
He succeeded in setting aside the order on Jan 21.
The court on Thursday also fixed Sept 10 to give its decision on Umno’s application to set aside the suit filed by the company on June 23 last year.
In its writ of summons, the company said 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 said it had sent invoices for a sum of RM218,013,475 but the defendant had failed to pay.
Counsel Datuk Hafarizam Harun, for Umno, submitted that the matter could not be argued in the court as the issue in this case had been litigated and decided in an earlier suit filed by four subcontractors against Umno.
There was also no privity of contract in this case, he added.
Counsel Ahmad Termizi Abdullah, for Elegant Advisor, argued that based on the facts of the case, there was a valid contract between the parties in accordance with Section 71 of the Contracts Act 1950.
He also said that there was no overlapping suit here as the earlier case involved different plaintiffs and different invoices of payment.
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