KUALA LUMPUR: The High Court today set July 27 to hear a stay of proceedings application of a suit by MCA against Kepong Member of Parliament Lim Lip Eng, over an allegation that the party had "pocketed" government funds meant for Chinese vernacular schools.
This was informed by counsel How Peck Lean who appeared for the political party after the matter came up for case management in the chambers of judge Datuk Rozana Ali Yusof today.
Sam said the judge fixed the date to hear Lim's application for stay of the suit pending the decision of the latter's appeal at the Federal Court on whether a political party such as MCA can sue an individual.
"The court also fixed July 27 for further case management for parties to update on the status of the appeal at the Federal Court.
"On the same day, the court will also hear an application for stay of the proceedings pending the decision of the appeal," he said.
Lim had on March 12 obtained leave to pursue his appeal on legal questions at the Federal Court pertaining to the defamation suit against him by MCA.
The legal question to be determined by the Federal Court is whether a political party can maintain a suit for defamation in the light of the decisions in Goldsmith v Bhoyrul (1998) and Rajagopal v Jayalalitha (2006).
On Feb 27, 2018, the High Court dismissed an application by Lim, who is DAP secretary to strike out the defamation suit brought against him by MCA.
Then MCA secretary-general Ong Ka Chuan on behalf of MCA had on July 17, 2017, filed the suit in his capacity as a public officer against Lim claiming that the latter had in a press conference held in the Parliament building on March 15 the same year, uttered defamatory remarks against the party.
In the statement of claim, Ong alleged that the comments made by Lim which was published in newspapers and online news portals had injured MCA's reputation.
He also claimed that Lim's remarks had meant that MCA had never used the public funds to contribute to Chinese schools but instead pocketed the funds allocated for the schools.
MCA is seeking, among others, RM100 million in general and exemplary damages as well as an injunction to prevent Lim or any of his agents from further publishing statements defamatory to the party.