JUDGMENT

Suriyadi Halim Omar FCJ:

[1] The plaintiffs, hereinafter referred to as the respondents, filed a claim at the High Court at Kuching against Lembaga Pembangunan Dan Lindungan Tanah (LCDA), Pelita Holdings Sdn Bhd (PHSB), Tetangga Akrab Pelita (Pantu) Sdn Bhd (TAPSB), and the State Government of Sarawak, respectively the 1st, 2nd, 3rd and 4th defendants (hereinafter interchangeably referred to as the 1st, 2nd, 3rd and 4th appellants or collectively as the appellants).

[2] The respondents won both at the High Court and the Court of Appeal, and hence the appeal before us by the appellants.

[3] The facts unravelled showed that within an area earmarked and gazetted for development, there were occupants (Consenting NCR Owners), who had agreed that their Native Customary Rights (NCR) lands be merged and consolidated for development. To put into effect that agreement, the Consenting NCR Owners then entered into a Principal Deed dated 3 September 2004 with the State Government of Sarawak (the 4th appellant) and PHSB (2nd appellant). For the development of the plots of land, the 2nd appellant, as trustee of the Consenting NCR Owners, entered into a Joint Venture Agreement (the JVA) dated 3 September 2004 with a joint venture company, ie the 3rd appellant incorporated by the 2nd appellant and Tetangga Akrab Sdn Bhd (TASB). TASB was not a party to this suit.

[4] The area for development, in short, was a State Government sanctioned development project, described as "The Sungai Tenggang NCR Land Development Area" (hereinafter referred to as the Development Area) declared vide the Land Custody and Development Authority Order 2006 dated 8 August 2006 ("the Development Order"). An oil palm plantation project was also undertaken, established and on-going in that Development Area.

[5] The Development Order was made under s 11(1) of the Land Custody and Development Authority Ordinance (No 4 of 1981) ("LCDA Ordinance"), and duly published in the Sarawak Gazette under SWK LN 79 dated 14 September 2006.