
Lawyer N Yohendra, a member of the legal team representing the voters, said the date was fixed following case management before senior assistant registrar Nur Adilah Halid on Monday.
“We have also been instructed to file our written submissions by March 29,” Yohendra said.
Counsel Nurul Najwa Zainuddin represented Azmin, who is the international trade and industry minister.
On Nov 27, 2020, the voters filed a suit against Azmin for alleged deceit and breach of fiduciary duty as their MP following the “Sheraton Move” that caused the Pakatan Harapan government to collapse in February 2020.
In their statement of claim, the voters are seeking, among others, a declaration that Azmin had breached his fiduciary obligations as the Gombak MP, deceived them during the elections in the constituency and also breached the representation made to them.
On March 12 last year, Azmin filed an application to strike out the suit, citing that it did not disclose a reasonable cause of action and was frivolous, vexatious and an abuse of the court process.
On June 10, High Court judge Akhtar Tahir dismissed Azmin’s application to strike out the suit filed against him.
He had also fixed a four-day trial from June 7 this year to hear the case.
In his memorandum of appeal, Azmin said Akhtar was wrong in his findings and that the suit was doomed to fail because the plaintiffs cannot prove they voted for him as their MP in the last general election (GE14).
Azmin argues that Akhtar had failed to appreciate this fact as the ballot papers – the primary evidence – had been destroyed in accordance with the election laws to safeguard its secrecy.
Azmin said the judge was also wrong to state that oral evidence could be considered from the 10 plaintiffs who claimed they voted for him.
He said the subject matter of the dispute between him and the voters had nothing to do with misrepresentation but was over the election manifesto.