Berjaya chairperson Vincent Tan is seeking a permanent injunction against former The Sun journalist Ganesh Sahathevan in Malaysian courts, one and a half years after a similar motion by the tycoon was rejected by the New South Wales Supreme Court in Australia.

On Oct 16, 2000, malaysiakini had reported that Tan had sued Ganesh for defamation after the latter had sent two e-mails to business journalists in Australia and Malaysia making allegations about Carlovers, a company which is part of Berjaya Groups interests in Australia..

Ganesh was also alleged to have sent a copy of the e-mails to company executives for comment.

In February 2000, Tan proceeded to have an injunction taken against Ganesh under the Australian Fair Trading Act (FTA) to stop Ganesh from allegedly damaging his business interests.

In October that year, Justice David Levine held that the injunction on Ganesh under the FTA was wrong as the Act was never meant to be a substitute for defamation action.

Internet issue

Tan is now apparently seeking recourse through the Kuala Lumpur High Court.

Ganesh told malaysiakini recently that Tan and two companies he controls, Berjaya Group Bhd and Berjaya Sports Toto Bhd, are seeking a permanent injunction to stop him from sending e-mails concerning Tans business dealings to anyone.

Ganesh, who holds an Australian citizenship, is currently residing in Sydney.

My lawyers will be raising in my defence, amongst other things, Malaysia's Internet Bill of Guarantees. There will of course be [the] argument on the issue of jurisdiction as well, he said.

He said the matter would have wide implications for those using the Internet, both domestically and internationally.

The matter was supposed to have been heard today at the Kuala Lumpur High Court but was postponed to April 2 as the presiding judge was on leave.