PUTRAJAYA, Jan 25 — The Federal Court gave the nod to the Home Ministry to appeal against the lower court decision to allow The Edge Communications Sdn Bhd to claim damages for loss over the three-month suspension of two of its publications in 2015.
A three-man panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin allowed the application for leave to appeal brought by the Home Minister and the ministry's secretary-general.
He granted the leave to appeal on three legal questions over the award of damages to The Edge for the Federal Court's determination.
The Edge counsel Raja Eileen Soraya Raja Aman did not oppose to the application, which was made by Senior Federal Counsel Alice Loke Yee Ching who appeared for the Home Ministry.
Loke told the court that she wanted the Federal Court to determine three out of four questions posed. She withdrew the other question.
Meanwhile, Raja Eileen said there was no question on liability, only on the issue of damages.
Also presiding on the court panel were Federal Court judges Tan Sri Zaharah Ibrahim and Datuk Balia Yusof Wahi.
The Home Ministry suspended the publishing permit of The Edge Weekly and The Edge Financial Daily for three months from July 27, 2015 over publication ofreports related to 1Malaysia Development Bhd (1MDB).
The order was quashed by the High Court on Sept 21, 2015 which allowed The Edge's judicial review application. The High Court also ordered for assessment of damages suffered by The Edge.
On Aug 30, last year, the Appellate Court dismissed the Home Ministry's appeal on the High Court's order for assessment of damages.
The Court of Appeal did not hear submissions on the validity of the Home Ministry's suspension order because the matter was academic as the suspension period had lapsed.
Among others the questions posed were whether an order for assessment of damages for breach of constitutional right can be made upon the granting of an order of certiorari. — Bernama