Showing posts with label Kes Mahkamah. Show all posts
Showing posts with label Kes Mahkamah. Show all posts

Wednesday, 20 March 2013

Press Statement of Save Malaysia Stop Lynas on 20th March 2013

Press statement of Save Malaysia Stop Lynas (SMSL)
Lynas latest Spin is an Act of Desperation

March20, 2013

The erroneous statement issued by Lynas Corporation on Monday 18th March that SMSL has now exhausted all avenues of appeal to challenge its temporary operating licence (TOL) grossly distorted the truth. Lynas posted the statement on its website

http://www.lynascorp.com/Announcements/2013/Federal%20Court%20Dismisses%20Challenge%20by%20SMSL%20180313%201205547.pdf

following the dismissal of the case brought about by the Stop Lynas Coalition (SLC) on Monday. SMSL is NOT a party to the SLC case and our legal team is still in the midst of preparing for further legal challenges.

SMSL spokesperson Mr Tan Bun Teet says, “Lynas’ statement is legally and factually incorrect. It goes to show how desperate Lynas is to the point of distorting the truth of its legal challenges in Malaysia. There are several Stop Lynas groups fighting the same cause for strategic reason. It is irresponsible of Lynas to have so grossly misrepresented the fact and misinformed the market to distract its shareholders and investors’ attention from the plant’s real problems and challenges in Malaysia.”

Mr Tan is one of the Kuantan residents who has filed a judicial review case in the court based on issues identified by legal, scientific and engineering experts to revoke the Lynas temporary operating licence (TOL). Lynas shares value shot up briefly following its erroneous announcement, crossing its long-held low 60c margin before settling back to 59c at the close of yesterday’s stock market.

The legal avenue available to challenge the Lynas TOL is far from exhausted. Cases are still being prepared. The general election which is overdue in Malaysia is now a strong campaigning point for the Stop Lynas groups. Efforts are now being put into getting voters to cast their votes for candidates who have pledged to shut down the Lynas plant.

Haji Ismail Abu Bakar another case applicant lamented, “Lately residents are outraged because their water supplies have been cut off unannounced and the water pressure at peak time has been exceedingly low. We know Lynas will be using a lot of water for its processing. We have never had these problems until recently. This coming election the Stop Lynas campaign will go all out to get voters to use their democratic right to shut down the plant.”


Malaysian environmental law is over 20 years out of date with no reference or limits for many of the toxic substances soon to be produced by the Lynas plant despite the bitter and tragic lessons from the now closed Mitsubishi rare earth plant in Bukit Merah. The Atomic Energy Licensing Board has failed the Bukit Merah people and it is now failing the people of Kuantan by issuing Lynas its TOL.

By issuing Lynas its temporary operating licence, the Government has failed in its duty of care to regulate Lynas and to protect the rakyat and Malaysia’s natural resources from dangerous hazards and pollution.

“The public has donated generously to give SMSL adequate resources to fight until the end to shut down the Lynas plant. We will pursue every single legal avenue available out there and campaign in every possible way to vote to shut Lynas down. Our future is too precious to be ruined by a profit-seeking foreign company that pays no tax.” Mr Tan reiterates the stance of SMSL.




Thursday, 7 March 2013

Latest Update from Save Malaysia Stop Lynas (SMSL)

Latest update from Court Of Appeal in Putrajaya

Today's case at the Putrajaya is about Lynas's appeal to keep the defamation case in KL court and here is the outcome brief by SMSL lawyers:

The Court of Appeal this morning unanimously dismissed LYNAS' appeal with costs of RM20,000.00 and ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court. The Court of Appeal was of the view that the forum conveniens (most appropriate forum) to hear the defamation suit is the Kuantan High Court.

It is the second time that we get awarded costs by the Malaysian courts:

Once when we won the case on Lynas application to shut us up. We got RM 5,000

Today we won another round at the appellate court and this time round we got RM20,000

Monday, 25 February 2013

SMSL's Court Cases

Coming up court cases in March:

8.3.13 :- Hearing of appeal in court of appeal in relation to transfer proceedings ( Lynas' appealing);

18.3.13 :- Recusal application in Kuantan High Court. (AG's chambers has asked for a postponement as they said the date is not suitable).

Thursday, 31 January 2013

LATEST UPDATE FROM SMSL's COURT CASE

Qoute from SMSL Chairperson, Mr. Tan Bun Teet

The JR hearing scheduled for the 5th Feb is now off!

We have filed for the judge to be recused and also an application for the Mosti Minister to be summoned to court for cross examination by our counsel.

These two have to be disposed off before the hearing of JR can proceed.

One of the reasons why we filed for the recusal is because she ruled on last Tuesday's application on the ground that the 7 applicants did not appeal to the Minister first before coming to court for leave.

I am one of the 5 applicants who had not gone thru the minister's hearing and if this is to be the criteria in use in her future judgement, I and the other two applicants will be barred from proceeding ANY further!

Wednesday, 26 September 2012

Lynas defamation suit transferred to Kuantan High Court

Lynas detractors score another small win in battle to halt rare earth plant

By Hafidz Baharom
September 26, 2012
KUALA LUMPUR, Sept 26 — Australian miner Lynas Corporation lost its bid today to keep its defamation suit against detractors from being heard here after the High Court ruled to transfer the controversial case to Kuantan, Pahang.
The transfer is seen as a boost for the case of Kuantan-based local environmental group Save Malaysia Stop Lynas (SMSL) in its ongoing campaign to snuff out the rare earth giant’s move to fire up its RM2.5 billion refinery in coastal Gebeng.
In ruling against Lynas, High Court judge Datuk Louis O’Hara said having the trial heard in Kuantan would be better than holding it here on the opposite side of the peninsula, as most of the defendants and witnesses were from the east coast city. - The Malaysian Insider
【Full Text at  http://www.themalaysianinsider.com/malaysia/article/lynas-detractors-score-another-small-win-in-battle-to-halt-rare-earth-plant/

 
Lynas defamation suit transferred to Kuantan High Court
Posted on 26 September 2012 - 07:57pm
Last updated on 26 September 2012 - 09:26pm
KUALA LUMPUR (Sept 26, 2012): The High Court here allowed the transfer of the defamation suit filed by Lynas Corporation Limited and Lynas Malaysia Sdn Bhd against Anti-Lynas group 'Save Malaysia, Stop Lynas' (SMSL) to the Kuantan
High Court.
Justice Datuk John Louis O'Hara agreed with the defendants' counsel Datuk Bastian Pius Vendargon that it would be much more convenient for his five clients who currently resided in Kuantan to attend the trial there.
Justice O'Hara ruled that the court was guided by Section 23 of the Judicature Act 1964 with regards to the issue of jurisdiction and issue of most suitable forum and concluded that the Kuantan High Court had the jurisdiction to hear the suit. - BERNAMA
【Full Text at

Kes saman fitnah Lynas dipindahkan ke Mahkamah Tinggi Kuantan

26 September 2012

KUALA LUMPUR - Mahkamah Tinggi membenarkan permohonan kumpulan Anti-Lynas 'Save Malaysia, Stop Lynas' (SMSL) untuk memindahkan saman fitnah yang difailkan oleh Lynas Corporation Limited dan Lynas Malaysia Sdn Bhd, ke Mahkamah Tinggi Kuantan.

Hakim Datuk John Louis O'Hara bersetuju dengan peguam defendan Datuk Bastian Pius Vendargon bahawa ia akan lebih memudahkan kelima-lima anak guamnya yang kini tinggal di Kuantan untuk menghadiri perbicaraan di sana.

Hakim O'Hara memutuskan bahawa mahkamah yang berpandukan Seksyen 23 Akta Kehakiman 1964 berhubung isu bidang kuasa dan isu forum paling sesuai dan membuat kesimpulan bahawa Mahkamah Tinggi Kuantan mempunyai bidang kuasa untuk mendengar saman fitnah.
- BERNAMA
【Berita penuh di
http://www.sinarharian.com.my/nasional/kes-saman-fitnah-lynas-dipindahkan-ke-mahkamah-tinggi-kuantan-1.88875

Thursday, 26 July 2012

Lynas gagal peroleh injunksi ke atas NGO

Aidila Razak • Jul 26, 12 4:07PTG

Syarikat nadir bumi Lynas Corporation hari ini gagal dalam usahanya untuk menghalang NGO Save Malaysia Stop Lynas daripada membuat kenyataan umum ke atasnya.

Hakim Datuk John Louis O Hara berkata bukti yang dikemukakan di hadapannya “tidak memadai” untuk mendapatkan injunksi.Katanya, pada peringkat awal ini, mahkamah tidak perlu memberi keputusan muktamad sama ada wujud fitnah, tanpa mendengar kesemua bukti.

Hakim Mahkamah Tinggi Kuala Lumpur itu berkata, bukti afidavit yang dikemukakan di hadapannya tidak memadai, memandangkan pembelaan telah mengemukakan rayuan perlidungan bersyarat dan ulasan yang wajar.