The High Court in Kota Kinabalu dismissed a legal attempt by the receivers of the bankrupt Sabah Forest Industries Sdn Bhd (SFI) to prevent the state government from acquiring 13,000ha of the company’s land.
Judicial Commissioner Amelati Parnell rejected an application by Thornton Consulting (Malaysia) Sdn Bhd, the receiver and manager for the defunct SFI, to obtain an injunction and stay order against the state government.
She said her ruling was in accordance with the principle that no injunction can be granted against the government, citing the case of Lim Kit Siang as the authority for the principle.
Justice Amelati did, however, grant permission to hear Grant Thornton’s allegation that the Sabah government’s acquisition of the former SFI lands was done in bad faith.
In a brief ruling, Justice Amelati also declared that the acquisition of the former SFI lands by the Sabah’s government was “already conclusive and complete”.
The court also rejected a stay application of the state government’s eviction notices for the employees, stating that they did not have a right to the land as they were unlawful occupants when the acquisition was completed.
Sabah government counsel Tengku Datuk Fuad Ahmad called the ruling on Sunday (Nov 26) a positive one, as it clearly states that Grant Thornton are trespassers and that the Sabah government’s acquisition is complete and conclusive.
He added that this means that Grant Thornton, its staff, and agents must vacate the land immediately to make way for a Sabah government scheme in Sipitang.
Fuad mentioned that the scheme being implemented in Sipitang is the Sustainable Forest Timber, Utilisation, Processing, Management, Conservation Research and Development Scheme.
“Everyone deserves their day in court. And now Grant Thornton will have that opportunity too but without further interfering with, disrupting or hindering the Sabah government’s efforts to bring development to the people of Sipitang,” said Fuad.
Grant Thornton was represented by S.Vanugopal and Jeyan Marimuthu.
