Court to hear UMNO's application to set aside RM218m judgement in October

The High Court will hear on Oct 13 Umno treasurer Datuk Seri Abdul Azim Mohd Zabidi's application to set aside a judgment obtained by a merchandise supplier in relation to the provision of RM218 million worth of election merchandise.

Deputy Registrar Ahmad Faizadh Yahaya will also hear Abdul Azim's application to strike out the main suit.

The company, Elegant Advisory Sdn Bhd, obtained the judgment in default on July 17 and Abdul Azim's counsel, Mohd Hafarizam Harun, filed an application to set aside the judgment on July 24.

Abdul Azim also succeeded on July 30 in obtaining an interim stay of execution pending the setting-aside application.

Mohd Hafarizam told reporters that Umno's treasurer was not served with the writ of summons and that was the main reason Abdul Azim had not entered his defence, which resulted in the deputy registrar awarding judgment in default to the company.

In its writ of summons filed via Messrs Termisi & Co on June 23 this year, Elegant Advisory said it was involved in supplying election merchandise, transport service and publications and had supplied Umno with the items for the 11th general election in 2004 upon the request of Abdul Azim.

The company also stated that since Abdul Azim had requested for supply in large quantities and within a short period of time, this resulted in the company appointing third parties (printing companies and other suppliers) to deliver the items on time and Abdul Azim had full knowledge of this.

The company had sent invoices for a sum of RM218,013,475 to Abdul Azim for payment and on May 22, 2004, a letter was sent to the defendant but still failed to obtain payment.

In its statement of claim, Elegant Advisory named Abdul Azim as the defendant because he was the Umno treasurer and an officer of a party registered under the Societies Act 1966.

Besides the RM218 million, the company is also seeking eight per cent annual interest from the date of filing of the writ until settlement of the case.

Abdul Azim, in his application to set aside the judgment, said that the writ was not served on him and added that the writ and statement of claim were initiated without complying with section 9(c) of the Societies Act where the plaintiff should have named an elected officer and not the Umno treasurer.

In the supporting affidavit, Abdul Azim claimed that he was not aware nor had he been served with the judgment in default obtained by the company and added that Umno was not the party which contested in the 11th general election but Barisan Nasional.

He said that whatever claims made by the company as stated in the writ were settled out of court and the company should not make any further claims.

Abdul Azim also pointed out that there was no contract between the company and Umno as no purchase order was issued. - Bernama