JUDGMENT

Saiful Azian Mokhtar JC:

Introduction

[1] This is an inter-parte application by the Plaintiffs under Encl 12 seeking for a committal order against the 1st, 2nd, 4th, and 5th Proposed Contemnors only ("Proposed Contemnors") pursuant to O 52 r 4 of the Rules of 2012 (" ROC ") for committing a breach of the Injunction Order dated 4 December 2023.

[2] The 3rd Proposed Contemnor could not be located, and the cause papers were not served on him.

[3] Although the contemptuous acts appeared to be the acts of the 4th Defendant, contempt proceedings were taken against the Proposed Contemnors as they were at the material time, the directors of the 4th Defendant.

Background Facts

[4] On 23 December 2014, the 4th Defendant accepted an offer made by the Lands & Survey Department, Sabah to take a lease of 35 years over 1,000 hectares of land situated at Bukit Mantri, Tawau, Sabah for mining purposes ("Main Lease Land").

[5] By an agreement dated 1 October 2015, the 4th Defendant agreed to grant a sub-lease of 33 years to the 2nd Plaintiff on a portion of the Main Lease Land measuring 317.7 hectares only ("Sub-Lease Agreement").

[6] Prior to the Sub-lease Agreement, sometime around 18 September