The court established that unlawful interference with property, including intimidation and conspiracy, constitutes actionable torts leading to damages awarded to the aggrieved party.

Introduction

[1] At the commencement of the trial of the present case, the Plaintiffs and all the Defendants, except the 2nd, 6th, 7th, 11th, 15th, 16th and 20th Defendants, [collectively "the Other Defendants"] entered into a Consent Judgment on 26 October 2015 [Encl 44].

[2] The said 2nd, 6th, 7th, 11th, 15th, 16th and 20th Defendants are namely:-

[i] Anyie Eng [2nd]

[ii] Jok Eng [6th]

[iii] Johannes Luwat [7th]

[iv] Lipau Saliu [11th]

[v] Lenjau Tusau [15th]

[vi] Nungang Anyi [16th]

[vii] Wan Batan [20th]

[collectively "the said Outstanding Defendants"].

[3] The trial of the present action is only between the Plaintiffs and the said Outstanding Defendants.

[4] The 1st plaintiff is a company incorporated and registered in Malaysia under the Companies Act 1965 and having its registered office at Level 9, Menara Sarawak Energy No 1, the Isthmus, 93050 Kuching, Sarawak.

[5] The 2nd Plaintiff is a company incorporated and registered in Malaysia and having its registered office at Lot 587, Lorong Blacksmith 2B, Off Jalan Petanak, 93100 Kuching, Sarawak.

[6] The 2nd Plaintiff was the contractor appointed by the 1st Plaintiff to carry out Soil Investigation Works [Phase 3] for a proposed Baram Hydroelectric Dam Project. For performance of the Soil Investigation Works, the Plaintiffs have inter alia:-

[i] At or near to the proposed Baram Hydroelectric Dam Project site at Long Kahah, near Nahah Tun Uve below Kampung Long Na'ah, Baram ["the Project Site"], set up and maintain a main camp which included quarters for staff and workers and storage ["Plaintiffs' Main Camp"];

[ii] At various locations at and/or around the Project Site, set up and were in possession of various borehole sites ["Plaintiffs' Boreholes Sites"];

[iii] Set up, kept and were in possession of various drilling rigs, equipment, machineries, tools and supplies [collectively "the Machineries and Supplies"] at the Plaintiffs' Main Camp and the Plaintiffs' Boreholes Sites;

[iv] Carried out drilling works and extract drill cores ["Cores" or "Core"] from the drilling and soil investigation works;

[v] Kept and stored the Cores in specially prepared boxes at a storage area ["Storage Area"] at the Plaintiffs' Main Camp; and

[vi] Kept at the Storage Area at the Plaintiffs' Main Camp and were in possession of the Cores obtained from the Soil Investigation Drilling Works carried out.

[7] The Plaintiffs claimed against the Defendants including the said Outstanding Defendants jointly and severally as follows for:-

[i] An injunction that the Defendants, whether by themselves, their servants or agents or otherwise howsoever be restrained from:-

[ii] Camp, the Storage Area and the Plaintiffs' Boreholes Sites or any part thereof.

[iii] Hindering, interfering, obstructing, stopping or preventing the Plaintiffs or their servants, agents or contractors, from access to and from the Plaintiffs' Main Camp, the Storage Area and the Plaintiffs' Boreholes Sites.

[iv] Hindering, interfering, preventing, or otherwise affecting the Soil Investigation Works and activities at the Plaintiffs' Boreholes Sites and Plaintiffs' Main Camp.

[v] Disturbing, trespassing, damaging or otherwise harming the Plaintiffs' property, rights and interests in respect of the Soil Investigation Works, the Machineries and Supplies, the Cores and all other goods and property of the Plaintiffs.

[vi] Disturbing, intimidating, or threatening the Plaintiffs, their servants, agents or contractors.

[vii] Special damages