KUALA LUMPUR, July 26 — The High Court here today rejected the application for an injunction by Lynas against Save Malaysia, Stop Lynas (SMSL), an anti-Lynas group, and five others from publishing public statements against it.
Justice John Louis O’Hara awarded RM5,000 in costs to the defendants.
On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia Sdn Bhd filed the suit against SMSL and its two directors, Tan Bun Teet and Lim Sow Teow, over an article published on its blog on March 22.
In the suit Lynas also sought for the defendants to remove the article from its blog until the disposal of the suit.
The High Court had rejected the Australian miner's application for an ex-parte injunction against SMSL for making allegedly defamatory statements on the company’s controversial rare earth plant near Kuantan, Pahang.
On July 14, SMSL had held 'National Day against Lynas' which saw simultaneous protests against the corporation in 30 locations throughout Malaysia and in various cities in Australia.
Putrajaya has approved the RM2.5 billion plant but said it had to fulfil all conditions before it can start operations.
Lynas has cleared its final major hurdle to getting its temporary operating license (TOL) after a parliamentary select committee (PSC) called for the miner’s licence to be issued as “scientific facts” showed that its plant is safe.
The positive feedback tabled in the PSC report came just four days after the Science, Technology and Innovation Ministry (MOSTI) dismissed an appeal against the Australian miner’s plant by residents living nearby and instead imposed two conditions that Lynas says it will have no problems satisfying.
Lynas had said in April that delays in obtaining the licence for its facility, which was initially approved in January, may have “very serious consequences” for the RM80 billion worth of rare earth orders already received as it is “sold out for the next 10 years.