Alauddin Mohd Sheriff JCA:

[1] By way of an inter partes summons-in-chambers (encl 7) the appellant (plaintiff in the High Court) applied before the learned judge for a mandatory interlocutory injunction compelling the abovenamed respondent (the defendant) either by themselves or through their servants or agents to deliver vacant possession to the appellant or their authorised agents the lands referred to as the "operator's parcel" together with the assets/machineries which were leased to the respondent under the operator agreement dated 23 August 1999 upon the expiry of the said agreement on 14 February 2001 or by such other date as the High Court shall order.

[2] Having heard the above application on 29 May 2001, the learned High Court judge dismissed it with costs. Hence the present appeal before us.

The Factual Background

[3] At the outset, it is pertinent to mention that the above application by the appellant was initiated by the special administrators appointed to the appellant under the Pengurusan Danaharta Nasional Berhad Act 1998 (the Act). The Act was passed by Parliament in 1998 following the economic crisis in 1997. The scope of the Act is to provide for special law