KUALA LUMPUR (Nov 10): Umno on Wednesday (Nov 10) failed to strike out a RM16 million suit filed by SRC International Sdn Bhd.
This follows High Court Judicial Commissioner Quay Chew Soon dismissing the Malay nationalist party's striking out application.
On the other hand, Quay allowed SRC to amend its statement of claim as it contended that an amendment to accurately name parties should be allowed and the earlier inaccuracy in not naming the public officer can be cured by way of amendment.
"There are triable issues to be heard that can only be determined through a trial," the court said.
The proceedings on Wednesday were conducted online where the media were not permitted to cover.
Lawyer Rosli Dahlan from Messrs Rosli Dahlan Saravana Partnership, who was among those who appereared for SRC, when contacted by theedgemarkets.com confirmed the decision. He later added that Syafinaz Vani and Clarence Hng Ying Hui from the firm appeared for the plaintiffs, while Mohamed Baharudeen Mohamed Ariff from Messrs Shahrul Hamidi & Haziq appeared for Umno.
With the decision, the matter is expected to go on trial with further case management fixed by Quay for Dec 9.
SRC along with its subsidiaries Gandingan Mentari Sdn Bhd and Jendela Pinggiran Sdn Bhd are suing Umno through the latter's president Datuk Seri Dr Ahmad Zahid Hamidi and secretary-general Datuk Seri Ahmad Maslan for the RM16 million sum that was allegedly wrongfully transferred to the party.
The transfer, they alleged, was made by former prime minister Datuk Seri Najib Razak who was also the party president previously.
In the writ of summons, the plaintiffs (the three companies) claimed that Umno knew or ought to have known that the money belonged to SRC and that it had no basis to receive the funds.
Meanwhile, Umno filed its application to strike out the suit on the grounds that it is frivolous, vexatious and an abuse of the court process as it was filed out of time.
The party further alleged that the companies had omitted material facts from the suit which are prejudicial to Umno and hence, there is no reasonable cause of action for the companies to take action.
SRC and its former parent company 1Malaysia Development Bhd (1MDB) filed a total of 22 suits in May and the Ministry of Finance confirmed on May 10 that the suits were filed to recover assets totalling RM96.6 billion, including RM300 million from various local parties.