Raub Australian Gold Mining Sdn Bhd (RAGM), which is facing a liquidation process, was ordered to pay RM30,000 as security deposit as part of a condition to have their leave application heard at the Federal Court.

The ruling was made following a request by Gurdial Singh Nijar, lawyer for Hue Shieh Lee (photo). Last year, RAGM's defamation suit against Hue was unsuccessful and the company was now appealing.

Gurdial told the court that a security deposit of about RM60,000 was necessary because RAGM has yet to pay cost awarded by the High Court and Court of Appeal. The lawyer also informed the court that RAGM owed creditors close to RM300 million.

Following this, the three-member bench, comprising Justice Suriyadi Halim Omar, Ramly Ali and led by Chief Judge of Sabah and Sarawak Justice Richard Malanjum made the ruling.

"If no payment for the deposit is made within 14 days, the appeal for leave would be struck out," said Justice Malanjum.

RAGM filed a defamation suit against Hue in 2013. Hue was among several activists who were campaigning against the firm's mine in Bukit Koman, Pahang which purportedly employed cyanide as part of the gold extraction process.

The Kuala Lumpur High Court ruled against RAGM in May last year. Five months later, the Court of Appeal dismissed RAGM's appeal.

Justice David Wong Dak Wah, who led the Court of Appeal bench, ruled that activists and activist groups have contributed to the general well-being of society at large, although what they say may not be comfortable or may be irritating.

"In the case at hand, the most it can be said is that what was said may not be 'music to the ear' or may be irritating to the appellant, but that cannot be equated to defamatory utterances.

"The freedom of speech entrenched in our Federal Constitution must be construed in that context," said Justice Wong.

The gold mine is also appealing against another High Court decision in favour of online portal Malaysiakini.

High Court judge Rosnaini Saub last year dismissed the company’s claim against Malaysiakini and three other defendants who are members of the news portal's editorial team over the publication of three articles and two videos on the Bukit Koman villagers' opposition to the gold mine.

The trial, which is currently being heard in the Court of Appeal, will resume tomorrow.