GEORGE TOWN: Parti Cinta Malaysia (PCM) deputy president Datuk Huan Cheng Guan failed in his bid to strike out an injunction application filed by Consortium Zenith BUCG Sdn Bhd to prevent him from speaking about its proposed undersea tunnel project in the state.
The decision was made by High Court Judge Datuk Rosilah Yop in chambers this morning.
Rosilah had allowed the injunction based on the condition that Huan does not speak about Consortium Zenith BUCG Sdn Bhd in future.
She also allowed an application by Consortium Zenith BUCG to strike out the counter claim filed by Huan and fixed March 5, 6 and 7 next year for trial.
Present at the chambers were Huan's lawyer Datuk Baljit Singh and Consortium Zenith BUCG lawyer Tengku Haris Tengku Rostam.
Speaking to newsmen later, Baljit said his client would file an appeal at the Court of Appeal for both decisions soon.
He also said that his client would file for a stay on the defamation suit trial pending the decision for both cases at the Court of Appeal.
"We are of the opinion that this injunction is only to a company, which no longer exists.
"So, we will file an appeal on the decision," he said.
While respecting the decision by the court, Baljit said Huan may still make statements pertaining to the proposed project without mentioning the name of Consortium Zenith BUCG Sdn Bhd.
"I have re-checked with the judge, and it is clearly stated that my client should not talk about Consortium Zenith BUCG Sdn Bhd only. This means he can still discuss the matter," he added.
Consortium Zenith was awarded the project through tender process to build the proposed undersea tunnel and three paired roads on the island.
On Aug 11 last year, the company had filed a defamation suit against Huan and media publishing company Utusan Melayu (M) Bhd for spreading false accusations against them.
It also filed an injunction to prevent Huan from making further statements on the project.
However, in September the same year, the company requested the Penang government to withdraw Beijing Urban Construction Group (BUCG) from the consortium following a deadly accident at a construction site in Bukit Bintang Kuala Lumpur, where a crane fell onto a car, killing the driver.
BUCG was reported to have hired the crane operator involved the accident.
Since the withdrawal, Consortium Zenith BUCG Sdn Bhd is now known as Consortium Zenith Construction Sdn Bhd.
keywords: Datuk Huan Cheng Guan, Consortium Zenith BUCG Sdn Bhd, Consortium Construction Sdn Bhd, undersea tunnel project