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Court to hear Lynas suit Sept 26

 | August 14, 2012

The Save Malaysia Stop Lynas (SMSL) wants the Lynas defamation suit to be heard in the Kuantan High Court.

KUALA LUMPUR: The High Court here today fixed Sept 26 to hear an application to transfer the Lynas defamation suit against pressure group Save Malaysia Stop Lynas (SMSL) to the Kuantan High Court.

Judge John Louis O’Hara will also hear another application by SMSL on the same day which seeks to obtain documents from Lynas which the Australian rare earth miner is refusing to release.

He will make a decision on both applications on the same day.

SMSL’s lawyer, Bastian Pius Vendargon, told this to reporters after the court heard both parties in chambers today.

“The court will hear the application to transfer the case first,” he said.

Representing Lynas is lawyer Wong Kha Hui.

Bastian said both applications were filed a week after the last decision by the court on July 26, in which Lynas failed to obtain an injunction to restrain SMSL from further publishing information it deems defamatory.

The High Court had then dismissed the Lynas application for an injunction against SMSL and ordered it pay RM5,000 in costs.

O’Hara had ruled that he could not grant the injunction, as based on the evidence produced by the plaintiffs, the court could not conclude whether the statements were defamatory.

In the main defamation suit filed on April 19, Lynas Corporation Ltd and Lynas Malaysia Sdn Bhd filed named SMSL Sdn Bhd and its directors Tan Bun Teet and Lim Sow Teow.

Three others were later added to the suit, namely three volunteers, Hang Chong Leung, Lee Chow Fong and Ismail Abu Bakar.

The article in contention, “Civil Society Organisations’ joint statement on Lynas issue: SMSL & NGOs statement against Lynas”, was posted at SMSL’s website on March 22.

Lynas claimed it contained statements that were “false”, “damaging” and “defamatory” and asked the court to order the defendants to remove it until the disposal of the suit.


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