The Home Ministry is applying for leave from the Federal Court to challenge having to pay damages to The Edge Communications Sdn Bhd following the suspension of the publication for almost two months beginning July 23 last year.

This matter was confirmed by The Edge's senior lawyer Darryl Goon.

The matter came up for case management before the Federal Court today where checks by Malaysiakini showed the hearing for leave is now fixed on Jan 25.

Lawyer Joni Benedict for The Edge, also confirmed that the registrar had fixed that date for the hearing of the application.

At the Federal Court in civil cases, it is not automatic for an appeal to be heard as leave (permission) has to be obtained first.

The suspension order was issued by the Home minister following a series of articles published by the The Edge Weekly and The Edge Financial Daily over 1MDB between July 23 and Sept 21.

It was reported on Aug 30, that the Court of Appeal had dismissed the Home Minister and the ministry's secretary-general's appeal and ordered them to pay damages for misfeasance in public office and constitutional damages, which led to violation of the media's rights to freedom of speech and expression under Article 10 of the Federal Constitution.

However, the damages is to be assessed by the High Court.

The Home ministry is challenging the award of damages in judicial review applications as it would open floodgates where people may seek such awards for decisions made by the minister.

Last year, Kuala Lumpur High Court judge Asmabi Mohamad (now a Court of Appeal judge) allowed The Edge's judicial review application to challenge the minister's order which issued the suspension following a series of articles regarding 1MDB.

Justice Asmabi had then ruled the decision to suspend the financial papers was illegal, irrational, and breached the rules of natural justice.