The Court of Appeal in Putrajaya today dismissed an appeal by former transport minister Ong Tee Keat to set aside a High Court’s decision in disallowing his application to strike out a civil suit filed by Kuala Dimensi Sdn Bhd (KDSB).

A three-member panel comprising Justices Ramly Ali, Zaharah Ibrahim and Anantham Kasinather ordered Ong to pay RM5,000 in legal costs.

NONE Justice Ramly said the issues in the case involved questions of facts which must be decided at a trial.

He ordered the case be tried before another High Court judge, saying that the current High Court judge had made some findings of facts in the case during the striking-out application.

Ong was appealing against the Aug 10, 2011 Kuala Lumpur High Court’s decision in disallowing the application brought by him, former Port Klang Authority (PKA) chairperson  Lee Hwa Beng (left) and PKA to strike out the misfeasance in public office suit filed against them by KDSB.

Lee and PKA did not file an appeal.

On Aug 20, 2009, KDSB sued Ong, Lee and PKA for misfeasance in public office, claiming that they had disclosed the report on 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 through a media conference on May 28, 2009 which was held under Ong’s instruction 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.

Ong was represented by lawyer Sarah Ambishegam while N Navaratnam and Ng Jack Yee represented KDSB.

- Bernama