Latest news with #FaridzGohimAbdullah
Borneo Post
2 days ago
- Business
- Borneo Post
High Court: Petros-Petronas legal hearing to proceed this June 11
Judicial Commissioner Dato Faridz Gohim Abdullah, in delivering his ruling, held that there were no compelling grounds to warrant a postponement or suspension of the case. KUCHING (June 6): The High Court here has reaffirmed that the legal proceedings between state-owned Petroleum Sarawak Berhad (Petros) and national oil corporation Petroliam Nasional Berhad (Petronas) will proceed on June 11. According to a Sarawak Public Communications Unit (Ukas) report, the Court dismissed two applications filed by Petronas seeking an adjournment or stay of proceedings. Judicial Commissioner Dato Faridz Gohim Abdullah, in delivering his ruling, held that there were no compelling grounds to warrant a postponement or suspension of the case. The dispute centres on RM7.95 million received through a bank guarantee, which Petros alleges was wrongfully claimed by Petronas. Petros described the demand for payment as 'unconscionable' and 'unlawful', and seeks a court order restraining Petronas from using the funds. The disagreement traces back to October 2024, when Petronas called on the bank guarantee following a RM28.1 million demand from Petros in relation to gas supplied. Petros subsequently filed legal action against Petronas and applied for an interim injunction to prevent disbursement of the funds. However, the injunction application became academic after Maybank Islamic Bhd proceeded with the payment to Petronas. The report noted this is not the first time Petronas has sought to delay proceedings. In April, a similar application to suspend the lawsuit was dismissed after the Court found no exceptional circumstances to justify such relief. With the Court making it clear that further delays will not be entertained, attention now shifts to the substantive hearing on June 11 at 9am, which is expected to shed further light on the escalating legal dispute between the federal and state-owned energy entities. legal heading Petronas Petros
Daily Express
3 days ago
- Business
- Daily Express
Sarawak High Court rejects Petronas bid to delay Petros suit
Published on: Friday, June 06, 2025 Published on: Fri, Jun 06, 2025 By: FMT Reporters Text Size: PETALING JAYA: The Sarawak High Court has dismissed two applications filed by national oil company Petronas to postpone or stay the hearing of a suit brought by Petroleum Sarawak Bhd, the state's sole gas aggregator. Judicial commissioner Faridz Gohim Abdullah rejected the applications and confirmed that the case will be heard on June 11, the Dayak Daily reported. Advertisement Faridz ruled that no special circumstances had been presented to justify a stay or adjournment. 'The hearing of the case should not be further delayed,' he was quoted as saying. Petros is suing to restrain Petronas from utilising funds of RM7.95 million received under a bank guarantee previously given by Petros in respect of the supply of gas. Petros contends that Petronas's demand for payment under the bank guarantee was 'unconscionable' or 'unlawful'. In April, Faridz dismissed an application by Petronas to suspend all legal proceedings on grounds that Petronas had failed to show the existence of any sufficiently exceptional or compelling grounds to stay the proceedings. In October last year, Petronas had called on the bank guarantee after demanding payment of RM28,136,403.08 from Petros for gas supplied. Petros filed its suit against Petronas on Oct 15, 2024. The Sarawak state-owned oil company simultaneously sought an ex-parte interim injunction to restrain Petronas from pursuing the payment and receiving monies under the bank guarantee. However, Faridz ruled that Petros's injunction application had become 'redundant' as Maybank Islamic Bhd had already paid Petronas on the guarantee. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Free Malaysia Today
3 days ago
- Business
- Free Malaysia Today
S'wak High Court dismisses applications by Petronas to postpone, stay Petros suit
National oil company Petronas called on the bank guarantee last October after demanding payment of RM28,136,403.08 from Petros for gas supplied. PETALING JAYA : The Sarawak High Court has dismissed two applications filed by national oil company Petronas to postpone or stay the hearing of a suit brought by Petroleum Sarawak Bhd, the state's sole gas aggregator. Judicial commissioner Faridz Gohim Abdullah rejected the applications and confirmed that the case will be heard on June 11, the Dayak Daily reported. Faridz ruled that no special circumstances had been presented to justify a stay or adjournment. 'The hearing of the case should not be further delayed,' he was quoted as saying. Petros is suing to restrain Petronas from utilising funds of RM7.95 million received under a bank guarantee previously given by Petros in respect of the supply of gas. Petros contends that Petronas's demand for payment under the bank guarantee was 'unconscionable' or 'unlawful'. In April, Faridz dismissed an application by Petronas to suspend all legal proceedings on grounds that Petronas had failed to show the existence of any sufficiently exceptional or compelling grounds to stay the proceedings. In October last year, Petronas had called on the bank guarantee after demanding payment of RM28,136,403.08 from Petros for gas supplied. Petros filed its suit against Petronas on Oct 15, 2024. The Sarawak state-owned oil company simultaneously sought an ex-parte interim injunction to restrain Petronas from pursuing the payment and receiving monies under the bank guarantee. However, Faridz ruled that Petros's injunction application had become 'redundant' as Maybank Islamic Bhd had already paid Petronas on the guarantee.
Borneo Post
28-05-2025
- Business
- Borneo Post
Petronas seeks ad hoc legal representation to challenge RM7.95 mln Petros claim
The legal team has applied to the Kuching High Court for ad hoc licences to appear. – AFP photo KUCHING (May 28): Petroliam Nasional Berhad (Petronas) is sending two Peninsular-based lawyers to represent it in the Kuching High Court in an ongoing legal dispute with Sarawak Petroleum Berhad's (Petros) over a RM7.95 million Maybank Islamic bank guarantee. The legal team, comprising Cyrus Vimala Kumar Vincent Das and Khoo Guan Huat, has applied to the Kuching High Court for ad hoc licences to appear. Their respective petitions are scheduled to be heard tomorrow (May 29) at the Sibu High Court, according to reliable sources. The case will be mentioned before Judicial Commissioner Datuk Faridz Gohim Abdullah this Friday (May 30), when the court is expected to address Petronas' applications for adjournment and stay of proceedings. According to a May 14 letter sighted by The Borneo Post , the Malaysian Attorney-General's Chamber raised no objections to the lawyers' petitions, supporting Petronas' right to be represented by its preferred legal counsel. The AG Chambers also expressed the view that the lawyers' involvement would assist the court in ensuring a comprehensive and fair disposal of the case – an issue that has reportedly not been litigated before. Petros, the plaintiff, is seeking a court order for the return of Rm7.95 million, paid to Petronas under the bank guarantee. The sum, Petros contends, was compensation for gas allegedly supplied in contravention of the Distribution of Gas Ordinance 2016, as Petronas is not the licensed gas aggregator in Sarawak. Petros argued that under the Sarawak Gas Sales Agreement dated Dec 30, 2019, Petronas lacks the necessary licence to distribute or supply gas in Sarawak, thereby invalidating the transaction. On April 28 this year, Kuching High Court Judicial Commissioner Datuk Faridz Gohim Abdullah dismissed Petronas' earlier application to stay proceedings, clearing the way for the main hearing on June 11. 'Petronas' application for a stay of proceedings lacked exceptional and compelling grounds, and there were no special circumstances to justify delaying the hearing of Petros' case, which is ready to proceed,' he said. The judicial commissioner further ruled that granting the stay sought by Petronas – pending the 'full and final disposal of the KL proceedings initiated by Shell SDMS Sdn Bhd' – would hinder the timely resolution of the Petros matter. Local counsel Alex Ngu, representing Petronas, informed the court of the company's intention to appeal the ruling and requested a further stay of proceedings pending the outcome of the appeal to the Court of Appeal. Both Petros and the State Attorney General's Chambers opposed the request for a further stay. State Legal Counsel Dato Sri JC Fong, appearing for the Sarawak government, asked the court to fix a hearing date for the Petros case and advised Petronas to apply for an expedited appeal under Rule 22 of the Rules of the Court of Appeal 1994. lead legal dispute Petronas Petros
The Sun
28-04-2025
- Business
- The Sun
Petronas Loses Stay Bid in Petros Gas Payment Suit
KUCHING: The High Court here today dismissed an application by Petroliam Nasional Berhad (Petronas) for a stay of proceedings of an originating summons (OS) by Petroleum Sarawak Berhad (Petros) to nullify RM7.95 million bank guarantee demand by Petronas. Judicial Commissioner Datuk Faridz Gohim Abdullah, who made the ruling, said that there are no special circumstances and compelling reasons for the originating summons to be stayed pending full and final disclosure of prior proceedings. He also fixed June 11 for a hearing of the OS filed by Petros pending the outcome of an application by Petronas to appeal against today's ruling. In the OS, Petros is seeking a declaration that the demand made by Petronas on Oct 14, 2024, on its bank guarantee is unconscionable, unlawful and therefore null and void. The demand concerns payment for natural gas supplied by Petronas to Petros under a gas supply agreement dated Dec 30, 2019. In a previous hearing, Petros through its counsel, Sim Hui Chang has pleaded that the said agreement has been frustrated by the amendment to Section 7 of the Distribution of Gas Ordinance (DGO) 2016, enacted in November 2023, which states that no person other than the gas aggregator may supply or distribute gas in Sarawak without a licence issued by the Director of Gas Distribution. Petros contended that it is unconscionable for Petronas to demand payment for gas supplied unlawfully, in contravention of the Ordinance. Petronas' counsel, Alex Ngu however, denied that it is subject to the DGO, asserting that it should only be bound by the Petroleum Development Act (PDA) 1974.
