Court dismisses Petros' challenge of PETRONAS call on RM7.95mil bank guarantee


PETRONAS lead counsel Datuk Cyrus Das (left) speaking with fellow counsel Khoo Guan Huat (right) and Senior Federal Counsel Ahmad Hanir Hambaly after the High Court decision in Kuching. - ZULAZHAR SHEBLEE/The Star

KUCHING: The High Court has ruled that PETRONAS' call on a RM7.95mil bank guarantee in relation to gas supply to Petroleum Sarawak Bhd (Petros) was valid and not unconscionable or unlawful.

Justice Faridz Gohim Abdullah said the bank guarantee was validly called and invoked in accordance with its terms.

"The bank guarantee is of an on-demand and unconditional nature.

"As such, PETRONAS was not required to establish any breach, default or failure on the part of Petros as a precondition to making such a demand," he said when delivering his judgment on a dispute between Petros and the national oil corporation here on Wednesday (Feb 25).

Petros had filed an originating summons on Oct 15, 2024, seeking a declaration that PETRONAS' demand on the bank guarantee was unconscionable, unlawful, null and void.

It also sought an injunction to restrain PETRONAS from further pursuing the payment or utilising any money it may have received under the bank guarantee.

The bank guarantee was called on in October 2024 after Petros declined to pay for gas supplied in August that year on the grounds that PETRONAS did not have a licence to supply gas in Sarawak under the state Distribution of Gas Ordinance (DGO).

However, Justice Faridz ruled that Petros failed to prove unconscionable conduct by PETRONAS when calling on the bank guarantee.

He also said constitutional issues surrounding the state DGO and the federal Petroleum Development Act (PDA) 1974, which were submitted by both parties during proceedings, lay outside the scope of Petros' originating summons and should rightfully be heard in the Federal Court.

On Petros' request for an injunction, Justice Faridz said the matter was academic as PETRONAS had already received the money from the bank guarantee.

He added that the court previously dismissed Petros' application for an interim injunction on Oct 21, 2024.

"Given the findings and after considering the submissions and arguments from both parties and the amicus curae in totality, I am of the considered view that Petros has failed to prove its claim for reliefs under the originating summons filed," he said.

As such, he dismissed the originating summons with costs of RM50,000 to PETRONAS.

After the decision, Petros lead counsel Tan Sri Cecil Abraham said his client would study the judgment in detail before deciding on its next steps.

PETRONAS' legal team was led by Datuk Cyrus Das, while the Sarawak and Federal governments appeared as amicus curae (friends of the court) in the case.

 

 

 

 

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Israel detains 16 Malaysian GSF activists near Cyprus
Mandiri suing Muhammad Kamil over foreign funding claims
Motorcyclist killed in crash on Senai-Desaru Expressway
Malaysia condemns Israel's detention of GSF activists, says Anwar
Teen motorcyclist killed after crashing into MPV on NSE
Johor cops bust three syndicates, seize over RM4mil worth of drugs
Woman fined RM4,000 for social media post with false info on fuel prices
Eight Malaysians in GSF 2.0 detained by Israeli forces
Malaysia beckons aspiring students from India's southern region
Love, longing and distress: Inquest hears recorded conversations between Zara Qairina and mum

Others Also Read