KUALA LUMPUR (July 5): A week after claiming that the recent damage to its plant site was an act of sabotage by an unidentified crew of men, Bahvest Resources Bhd has obtained a court order barring its mining lease land owner Southsea Gold Sdn Bhd from hindering its operations.
The gold miner said the ex parte (without notice to the other party) injunction order issued by the Sandakan High Court on Tuesday (July 4) also restrains Southsea from advancing its demands and resolution with Bahvest’s wholly owned unit and mining lease land operator, Wullersdorf Resources Sdn Bhd, over their wrongful occupation dispute, until the full disposal of the injunction.
The injunction application will be heard inter partes (in the presence of both parties) on July 17, said Bahvest in a filing with Bursa Malaysia on Wednesday.
Meanwhile, Southsea said in a statement that it has filed a lawsuit at the Tawau High Court seeking an order to compel Bahvest to pay the remaining RM7 million it is owed, as well as the removal of Bahvest’s building, equipment, machineries and related structures.
The RM7 million is a tranche of the RM13 million non-refundable deposit Bahvest agreed to pay Southsea as part of the RM20.4 million temporary settlement for the wrongful occupation of the Bahvest’s mining structures on Southsea’s mining lease land after the company’s sublease ended in April.
Southsea said Bahvest paid the RM6 million tranche on May 10, while RM7 million was to be made on May 29.
Southsea unaware of injunction order, says Fui Ming
In response to Bahvest's injunction order, Southsea's main shareholder Datuk Lo Fui Ming told The Edge that it came as a surprise to Southsea.
“We found out about the purported court order vide the Bursa announcement,” he added.
Addressing Bahvest’s claims that an unidentified crew of men disrupted its operations, Southsea said it will enforce the implementation of enhanced security measures at the two entrances of the mining lease land.
“All individuals wishing to enter Southsea’s mining lease land are required to pre-register for a gate pass which must be presented at the security checkpoints together with their identity cards or passports for verification,” the company said in its statement, adding the gate pass will help track a record of all individuals entering the land to be presented to authorities as and when required.
“It is an added measure to protect against any wrongful allegations, in light of recent events, including investigations into alleged missing and/or stolen gold and Bahvest’s announcement of the presence of unauthorised crew,” said Southsea.
Bahvest shares closed half a sen higher at 23 sen on Wednesday, giving the group a market capitalisation of RM278.36 million.