Federal Court decision in The Edge case

In 2015, we had obtained an order from the High Court to quash the decision of the Government that had suspended The Edge Financial Daily and The Edge, two publications owned by our client, the Edge Media Group, because of articles published on the 1MDB scandal.  In 2016, we successfully defended the High Court’s decision at the Court of Appeal.  In dismissing the appeal, the Court of Appeal upheld the award of damages against the Minister of Home Affairs for the tort of misfeasance by a public officer and the award of constitutional compensation.

On 9th August 2017, the Federal Court dismissed the appeal of the Government.  The effect of this is that there is now a conclusive precedent for awards of damages and constitutional compensation against the Government in future similar cases.  Senior partner Darryl Goon was lead counsel, assisted by partner Raja Eileen Soraya and Senior Associate Joni Benedict.

PUTRAJAYA: The Federal Court has ruled that The Edge Communications Sdn Bhd can claim for damages from the Home Minister for losses incurred over the three-month suspension of two of its publications in 2015.

In making the ruling, the court dismissed an appeal by the Home Minister and the Home Ministry secretary-general to set aside the appellate court’s decision allowing the company to claim damages from them.

A five-man panel led by Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin ruled that the appeal brought by the Home Minister and the Home Ministry secretary-general did not have merits.

There was no appeal in respect to the issue of liability, said Zulkefli, who presided with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Ramly Ali, Tan Sri Zaharah Ibrahim and Datuk Balia Yusof Wahi.

The matter has been fixed for case management at the Kuala Lumpur High Court today.

On Jan 25, the Federal Court granted leave to the Home Minister to appeal on three legal questions over the issue on award of damages to The Edge.

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 of reports related to 1Malaysia Development Bhd.

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 Minister’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. Senior federal counsel Alice Loke Yee Ching appeared for the Home Ministry, while lawyer Darryl Goon represented The Edge. — Bernama

Article from https://www.thestar.com.my/news/nation/2017/08/10/apex-court-the-edge-can-claim-for-damages/#QKiejvux4i4gpBiD.99

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