The Home Ministry and its secretary-general are ordered to pay RM500,000 in exemplary damages on top of the existing RM11.2 million they must pay to The Edge Communications Sdn Bhd.
This was the outcome when the Kuala Lumpur High Court partly allowed a bid by the publishing firm for exemplary damages over the ministry's 2015 three-month suspension order against The Edge Weekly and The Edge Financial Daily.
The suspension order, issued during the administration of then prime minister Najib Abdul Razak and when Ahmad Zahid Hamidi helmed the Home Ministry, was in regard to the two business publications' reporting over the 1MDB issue.
Judge Nordin Hassan ruled that the RM500,000 sum is an appropriate amount for exemplary damages because the respondents' (Home Ministry and secretary-general) conduct was an arbitrary one.
"The applicant's (The Edge Communications) appeal for RM500,000 is an appropriate sum for exemplary damages.
"I am of the view that aggravated damages and constitutional damages are not appropriate in this case.
"The respondents' appeal is dismissed with RM10,000 cost.
"The appellant's appeal is allowed in part," Nordin said, adding that the portion of the appeal that is dismissed is awarded RM5,000 cost.
The Edge Communications is appealing against a Kuala Lumpur High Court ruling on Dec 17 last year, which awarded the business daily RM11.2 million in compensation.
The court had also ordered the two respondents to pay four percent beginning July 27, 2015, until the full completion of the case.
The publishing firm had appealed for additional compensation via exemplary, aggravated and constitutional damages.
The Edge Weekly and The Edge Financial Daily were suspended for three months from July 27, 2015.
Today's decision was also in regard to the appeal by the Home Ministry and its secretary-general against the same court decision, in order to avoid paying any of the RM11.2 million.
When met after proceedings today, The Edge Communications' counsel Amanda Loh confirmed that the respondents would have to pay her client a total of RM15,000 in legal costs.
Meanwhile, senior federal counsel Alice Loke, who acted for the Home Ministry and its secretary-general, said she would consult with the Attorney-General's Chambers on whether to appeal.
It was reported that The Edge Communications filed its judicial review application on July 27, 2015, to challenge the Home Ministry's decision to order the suspension. - Mkini
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