The High Court in Kuala Lumpur today dismissed an application by former transport minister Ong Tee Keat and two others to strike out a misfeasance in public office suit filed by Kuala Dimensi Sdn Bhd (KDSB) against them.

Judge John Louis O’hara made the decision after finding that the suit filed by KDSB was neither frivolous, troublesome nor an abuse of the court process.

“The case must undergo a full trial as there are several matters that can be proved by KDSB,” he said.

azlan O’hara also ordered each defendant to pay RM5,000 in costs to KDSB and fixed Aug 16 for case management before a registrar.

On Aug 20, 2009, KDSB sued Ong, a former MCA president, former Port Klang Authority (PKA) chairman Lee Hwa Beng and PKA for misfeasance in public office.

KDSB claimed that the three defendants had disclosed the report on the Port Klang Free Zone (PKFZ) scandal prepared by Pricewaterhouse Coopers Advisory Services Sdn Bhd (PwCAS) to the public, with ill-intention of causing the company to suffer losses.

The report was disclosed to the public though a media conference on May 28, 2009, which was held under Ong’s instructions and attended by Lee and PwCAS senior partners.

KDSB claimed that the disclosure of the report had tarnished its reputation and that it was criticised by the public without having the opportunity to offer clarification or defend itself.

Hence, KDSB is seeking general and exemplary damages, as well as costs and interests.

Also present in today’s proceeding were KDSB’s lawyer Kelvin Seet, as well as Badrul Munir Mohd Bukhari and Leong Wai Hong, who are representing Ong and Lee and PKA, respectively.

- Bernama