Ganad’s leave ap­pli­ca­tion de­nied

> High Court de­ci­sion on bill­board com­pany’s suit against up­held

The Sun (Malaysia) - - NEWS WITHOUT BORDERS - BY KAREN ARUKESAMY

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.

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