A three-member bench chaired by Abdul Rahman Sebli said the questions of law approved during a leave hearing were not brought up in the Court of Appeal.

“There is no need to answer the questions that are in vacuum,” said Rahman who sat with Zabariah Mohd Yusof and Mary Lim Thiam Suan.

The bench also ordered Waytha to pay RM30,000 in costs to the respondent Ganesan who was represented by Gurdial Singh Nijar.

Lawyer G K Ganesan appeared for Waytha, a co-founder of Hindraf.

In September 2019, the Court of Appeal set aside a High Court of Seremban ruling that held Ganesan had defamed Waytha.

On July 15, 2018, the High Court allowed Waytha’s defamation claim against Ganesan and the now defunct Tamil Nesan (M) Sdn Bhd. It also ordered Ganesan to pay RM100,000 in damages and RM20,000 in costs.

The defamation suit was brought by Waytha over an article published in the newspaper on March 13, 2016, titled “Hindraf is splitting again”. He named Ganesan and Tamil Nesan as defendants.

Ganesan maintained that he did not write the article as claimed in the defamation suit.