Federal Court grants PKR leave to appeal in Zuraida's bond payment case
PKR has been given leave to appeal a Court of Appeal ruling reducing Zuraida Kamaruddin's liability under a bond entered with the party from RM10 million to RM100,000.
PUTRAJAYA : The Federal Court has granted PKR leave to appeal a decision handed down by the Court of Appeal reducing former vice-president Zuraida Kamaruddin's liability to the party under a bond from RM10 million to RM100,000.
A three-member bench led by Justice Nallini Pathmanathan delivered the decision in an online proceeding after hearing submissions from the lawyers of both parties.
Also on the panel hearing the leave application were Justices Nordin Hassan and Vazeer Alam Mydin Meera.
The Federal Court agreed to consider one of five legal questions put forward by PKR to secure the right to appeal.
It will examine whether a court can override a factual admission that a certain sum of money represents the value which one party has received from another under a contract, to determine what constitutes reasonable compensation in the circumstances of the case.
The appeal will be heard on a date to be fixed.
PKR was represented by Ranjit Singh, while Azhar Azizan Harun appeared for Zuraida.
In 2020, PKR sued Zuraida, claiming that she had breached a contractual bond by joining Bersatu following the Sheraton Move in February that year.
The terms of the bond required Zuraida to pay PKR RM10 million within seven days if she resigned from the party to join another political party or became an independent candidate.
In her defence, Zuraida claimed that the bond violated her constitutional right to freedom of association.
On June 23, 2023, the High Court found her liable and ordered that she pay PKR RM10 million as stipulated in the bond instrument.
On Dec 11 last year, a three-member Court of Appeal bench led by Justice See Mee Chun affirmed her liability for breaching the bond, but reduced the quantum of compensation to RM100,000, giving rise to the present application to the apex court.
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