Elegant Advisory's appeal against BN dismissed

The Kuala Lumpur High Court dismissed an appeal by a merchandise supplier against a court decision to set aside a judgment in default, obtained against BN secretary-general Tengku Adnan Tengku Mansor and two others, over non-payment for election paraphernalia worth RM218 million for the 2004 general election.

Justice Mohamad Ariff Md Yusof also ordered the plaintiff, Elegant Advisory Sdn Bhd, to pay RM1,000 in costs to Tengku Adnan and the other two defendants, BN treasurer-general Ahmad Husni Mohamad Hanadzlah and a BN public officer.

Mohamad Ariff, in his decision in his chambers today, set July 21 for the defendants' application to strike out the main suit.

On Feb 17, Elegant Advisory filed the suit after its initial suit in 2009 was thrown out when Umno succeeded in striking out the suit on the grounds that the plaintiff failed to follow the "privity contract" as required under the Contracts Act 1950, which had named the wrong parties as defendants.

In the current suit, the plaintiff initially obtained judgment in default on March 7, and the defendants applied to set aside the order on March 24.

The deputy registrar allowed the defendants' application on June 23.

In its writ of summons, Elegant Advisory claimed that it was involved in supplying election merchandise, transportation and publications, and had supplied BN with the items for the 11th general election in 2004.

The company claimed that it had sent invoices for RM218,013,475 and that the defendant had failed to pay up.

Mohd Hafarizam Harun appeared for the BN while the plaintiff was represented by Nazruddin Abdullah.

- Bernama