The Federal Court dismisses the Government’s appeal against The Edge (Aug 2017). The High Court awards The Edge RM11,260,350 (Dec 2018)…

17 December 2018

KUALA LUMPUR: Putrajaya has been ordered to pay over RM11 million in damages to a publisher which had its newspaper suspended for three months in 2015 over its extensive reporting on the 1MDB issue.

High Court deputy registrar Norazlin Othman today awarded the compensatory damages totalling RM11,260,350 and a 4% interest from July 27, 2015 to The Edge Communications Sdn Bhd, until the full settlement of the judgment sum.

However, Norazlin made no order as to costs when the ruling on the assessment of damages was delivered this morning.

It is unclear whether the government would appeal on the quantum of damages awarded.

On Aug 9 last year, the Federal Court dismissed the government’s appeal on damages suffered by the publisher.

A five-man bench chaired by the then Court of Appeal president Zulkefli Ahmad Makinudin said there was no merit in the appeal and as such there was no necessity to answer the three questions of law.

“We remit the case to the High Court for assessment of damages,” he said in the unanimous decision.

Lawyer Darryl Goon, now a High Court judicial commissioner, represented the publisher.

FMT was told at the time that the damages suffered could be “fairly substantial” due to losses in advertising and circulation revenue over the period.

The government’s appeal collapsed mainly because it did not file an appeal on liability.

On Aug 30, 2016, the Court of Appeal allowed the publisher to claim damages.

It also upheld the finding of liability by the High Court on Sept 21, 2015.

https://www.freemalaysiatoday.com/category/nation/2018/12/17/1mdb-reports-govt-ordered-to-pay-publisher-rm11-mil-over-suspension/

9 August 2017

Apex court dismisses govt’s appeal against The Edge

August 9, 2017

Government has to pay damages to The Edge over the suspension of publication for three months following publication of articles on 1MDB.
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PUTRAJAYA: The Federal Court today dismissed the government’s appeal on damages suffered by a publisher during a three-month suspension two years ago for its extensive reporting on the 1MDB issue.

A five-man bench chaired by Court of Appeal president Zulkefli Ahmad Makinudin said there was no merit in the appeal and as such there was no necessity to answer the three questions of law.

“We remit the case to the High Court for assessment of damages,” he said of the unanimous decision.

However, no costs were awarded to The Edge Communications Sdn Bhd.

Lawyer Darryl Goon, appearing for the publisher, said a case management would be held on the matter before a court registrar tomorrow.

FMT understands the damages suffered could be “fairly substantial” due to losses in advertising and circulation revenue over the period.

The government’s appeal collapsed mainly because it did not file an appeal on liability.

On Aug 30, last year, the Court of Appeal allowed the publisher to claim damages.

It also upheld the finding of liability by the High Court on Sept 21, 2015.

The three-man bench was chaired by Mohd Zawawi Salleh.

http://www.freemalaysiatoday.com/category/nation/2017/08/09/apex-court-dismisses-govts-appeal-against-the-edge/#undefined.uxfs

30 August 2016

Court of Appeal orders home minister to pay damages to The Edge

Hafiz Yatim

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The Court of Appeal has ordered the Home Minister and the ministry’s secretary-general to pay damages for the suspension order issued on The Edge Communications Sdn Bhd from July 23 to Sept 21 last year.

A three-member bench led by Justice Mohd Zawawi Mohd Salleh today dismissed the appeal by the Home Ministry on the quantum of damages which senior federal counsel Alice Loke had submitted the publication was not entitled to.

The unanimous decision also saw the court accepting the submission by counsel Darryl Goon representing The Edge that damages can be awarded based on Order 53(5) of the Rules of Court.

“We are not with you (Loke) and we have to dismiss the appeal. The respondents have passed the threshold (in the award of damages) under Order 53(5).

“No order is made as to costs,” said Justice Zawawi who presided with Justice Abdul Rahman Sebli and Justice Prasad Sandosham Abraham.

Based on the decision, the parties would now need to go back to High Court for the assessment of damages.

Last year, Kuala Lumpur High Court judge Asmabi Mohamad (now a Court of Appeal judge) allowed The Edge‘s judicial review application to challenge the minister’s order which issued the suspension following a series of articles regarding 1MDB.

https://www.malaysiakini.com/news/354067

The Edge WINS at the High Court. Suspension SQUASHED.

As expected, the Government appealed but…

13 October 2015

Court dismisses ministry’s application over suspension of The Edge newspapers

back in business: M’sian Home Ministry’s move to stop its publication rejected

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1 Response to The Federal Court dismisses the Government’s appeal against The Edge (Aug 2017). The High Court awards The Edge RM11,260,350 (Dec 2018)…

  1. Pingback: The Edge refutes allegation of fake news by Mindef… | weehingthong

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