KUALA LUMPUR: Mining operator Aumas Resources Bhd has secured a key interim court order ensuring its wholly-owned subsidiary, Wullersdorf Resources Sdn Bhd (WRSB), retains access to a critical water treatment pond at its Bukit Mantri tailings storage facility.
The High Court of Sabah and Sarawak at Tawau delivered its decisions on Nov 3 regarding two pivotal applications in the ongoing consolidated legal suits between Aumas and WRSB against Southsea Gold Sdn Bhd (SGSB) and Datuk Lo Fui Ming.
Broad grounds of the decision were received by WRSB’s legal counsel on Wednesday, Nov 11.
The court’s ruling on the inter partes application favored operational continuity and environmental safety, noting a departmental letter regarding acidic seepage flowing toward the pond.
In this case, the court recognized a “present need to keep the water containment system functioning” and found a serious issue to be tried regarding WRSB’s right to use the pond and adjoining land.
Under the new order, Lo and SGSB are strictly prohibited from demolishing, physically blocking, or filling in the pond. They are also barred from preventing WRSB personnel and contractors from utilizing existing access routes to inspect, pump, treat, or neutralize the water.
However, the WRSB is not authorized to expand the pond, build new pipes, or conduct work contrary to regulatory directives. The mining company must also provide SGSB with 24 hours’ written notice before executing physical repairs, barring immediate safety emergencies.
In a concurrent decision, the court allowed an application by Lo and SGSB to set aside a previous ex-parte injunction (the third injunction) originally obtained by Aumas on August 14.
Although the 21-day injunction had already expired on Sept 4, the court reviewed the matter and held it should not have been granted in its recorded terms.
The court noted, however, that there was no finding that Aumas or WRSB deliberately misled the court.
Aumas and WRSB were ordered to pay costs to the defendants. Any potential inquiry into damages caused by the injunction will require a separate application supported by proper evidence, the court ordered.
Aumas board of directors expects no material financial or operational impact on the group from these rulings.
The court clarified that these interim decisions do not determine the ultimate ownership of the disputed land, nor do they settle claims of trespass, environmental offenses, or the validity of mining scheme approvals.
Regulatory authorities will continue their lawful inspections, the court added.
The next trial dates for the consolidated suits are scheduled between Feb 23 and Feb 26, 2027.