Ganad’s leave application denied
> High Court decision on billboard company’s suit against upheld
PUTRAJAYA: The Federal Court yesterday dismissed Ganad Media Sdn Bhd’s leave application against the Court of Appeal’s decision on its defamation suit against theSun.
In upholding the High Court’s decision, the three-member panel chaired by Tan Sri Md Raus Sharif said Ganad’s application has been dismissed because there is no merit in the application and no question of law.
The panel upheld the High Court’s decision that articles published in theSun were justified and fair comment.
“There is no merit in the application. It is dismissed with cost of RM10,000,” he said.
Other panel members were Tan Sri Ahmad Maarop and Datuk Balia Yusof Wahi.
theSun was represented by Datuk Nitin Nadkarni and Crystal Wong Wai Chin.
In May, the Court of Appeal had dismissed the appeal stating that the findings of the High Court judge were not perverse and fixed costs at RM20,000.
In quashing the suit in April 2014, High Court judge Datuk Lau Bee Lan had awarded theSun costs of RM60,000.
In her judgment, Lau had found, among others, that Ganad had operated its billboards on state land illegally as it did not have the necessary permits, nor temporary occupation licences (TOL).
The High Court had also accepted that, at a town hall meeting held at the PJ City Council on Nov 14, 2008, Ganad Media chief executive officer Gan Kok Beng had admitted that he had paid for some sites.
The defamation suit was filed in 2009 over three articles written by theSun’s former deputy editor (special reports and investigations) Terence Fernandez in November 2008 which Ganad alleged were defamatory and led to losses of RM4 million.
Ganad named theSun’s publisher, Sun Media Corporation, former managing editor Chong Cheng Hai and Fernandez as defendants.