THE Court of Appeal today allowed the Government’s application to postpone the payment of RM1.1 million in damages to the family of Dutch model Ivana Esther Robert Smit who was found dead on 7 December 2017.
A three-judge panel chaired by Datuk Mohamed Zaini Mazlan, sitting with Datuk Ismail Ibrahim and Datuk Lim Hock Leng, unanimously ruled that there were special circumstances that justified the postponement.
“We are therefore satisfied that there were special circumstances that justified the postponement. Accordingly, for these reasons, we allow the application and make no order as to costs.
“The implementation of the High Court judgment dated 29 July 2025 is stayed until the appeal is determined.
“We also order that the registrar fix a date for the hearing of the appeal to be resolved expeditiously,” it said.
Previously, the Kuala Lumpur High Court on November 13 rejected the government's application to postpone the payment of RM1.1 million in damages to Ivana's mother, Christina Johanna Verstappen, in a lawsuit related to her daughter's death eight years ago.
Verstappen then submitted a notice of claim (LOD) to the government to pay the RM1.1 million within 48 hours.
However, the government applied for a "stay" (suspension) of the High Court's decision to the Court of Appeal yesterday.
It was earlier reported that the model's mother had sued the Inspector-General of Police, Dang Wangi Investigating Officer ASP Faizal Abdullah, the Home Minister and the Malaysian government for alleged breach of statutory duty and negligence in the investigation into the cause of her daughter's death.
On July 29, the court ordered the government to pay RM500,000 in general damages, aggravated damages (RM300,000) and exemplary damages (RM300,000) in addition to costs totaling RM100,000 to Verstappen. – November 18, 2025
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