Lawyer Harjinder Kaur, who appeared for New Straits Times Press (Malaysia) Bhd (NSTP), said a three-member bench chaired by chief judge of Malaya Azahar Mohamed had found no merit in their application for leave to appeal.

The publisher was also awarded RM30,000 in costs.

The application for leave under Section 96 of the Courts of Judicature Act (CJA) was filed by Restoran Nasi Kandar Irfanah Sdn Bhd (RNKI) and M Theyagarajan.

“The bench held that there is no merit to the application to have the full appeal heard,” Harjinder told FMT after an online proceeding.

Others on the bench were Vernon Ong and Abdul Rahman Sebli.

Last year, Court of Appeal judge M Gunalan, in allowing NSTP’s appeal to set aside a High Court ruling, had said the words or statements in the three disputed articles were not defamatory.

Theyagarajan and RNKI had earlier been awarded RM50,000 in general damages each by the High Court. However, RNKI’s claim for special damages was dismissed.

Gunalan, who delivered the written grounds of the court, said the publisher also did not have the intention of tarnishing the reputation and business of Theyagarajan and RNKI.

He said the three-member bench was inclined to agree with NSTP that the High Court judge had failed to consider and address her mind to the defences available.

NSTP had relied on the defences of justification, fair comment and qualified privilege.

NSTP had, on March 13, 2017, posted the three articles in question on its online publication, its Facebook and newspaper, the New Straits Times.

Theyagarajan and RNKI, represented by R Dharmendra Kumar, had alleged that the articles were defamatory and commenced libel proceedings against NSTP.