KUALA LUMPUR (Aug 17): Berjaya Corp Bhd (BCorp) founder and adviser Tan Sri Vincent Tan and BCorp's unit Berjaya Land Bhd (BLand) have obtained a restraining order against Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor which prevents him from making similar defamatory remarks relating to the Selangor Maritime Gateway (SMG) project.
Tan’s counsel Chuar Kia Lin confirmed with The Edge that the Shah Alam High Court allowed the ex-parte injunction application earlier on Thursday (Aug 17).
He also said that Sanusi’s legal team had already been served a copy of the order from the court.
The lawyer said that the order is in effect until August 25. Sanusi’s legal team is allowed to submit a counter to the restraining order.
The defamation suit, sighted by The Edge, was filed at the Shah Alam High Court on August 8 via Tan’s lawyers. Tan and BLand are seeking general damages, compensatory damages, aggravated damages and exemplary damages.
Apart from that, the lawyers have also filed an application for the High Court to issue an injunction to stop Sanusi from making similar remarks in the future.
The lawyers claimed that Sanusi’s comments have "... pervaded and permeated into the (Tan’s) family circle, further aggravating the mental trauma suffered by him and his family".
They also said that Sanusi’s comments are vindictive and malicious.
Tan, through his lawyers, claimed that Sanusi’s alleged defamatory comments imply that Tan is a corrupt person, corrupt businessman and a crony to the Selangor Menteri Besar Datuk Seri Amirudin Shari.
Tan claimed that the comments imply that he had benefitted directly or indirectly, or received for free a piece of 600-acre land from the Selangor state government.
Tan further claimed that Sanusi’s comments imply that he had given benefits to the Selangor state government for the said land, and as such caused the state to incur losses of RM180 million.
“The defamatory statements are completely untrue, extreme, vile and specious/spurious and have no basis whatsoever,” it read.
For the SMG project, the lawyers, in the writ, explained that a special purpose vehicle called Landasan Lumayan Berjaya Sdn Bhd (LLBSB) had been formed through a joint venture between Selangor’s Menteri Besar Incorporated’s (MBI) subsidiary, Landasan Lumayan Sdn Bhd (45%) and Berjaya Hartanah Bhd (55%) to, amongst others, clean and develop the Klang River.
They explained that Tan and BLand never obtained or was never awarded any land measuring 600 acres valued at RM10 billion as alleged by Sanusi.
“In actual fact, only several parcels of land totaling 103.6 acres were identified as feasible for development and granted approval for alienation to LLBSB by the Selangor state government with specific conditions,” the statement read.
The statement clarified that BLand is the party that is required to raise funds to pay the premium based on market rate for the alienation of the 103.6-acre land to LLBSB.