PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD 2. ) SINOPEC ENGINEERING GROUP MALAYSIA SDN BHD
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Case Significance
PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD ... is a Court of Appeal (Mahkamah Rayuan) decision dated November 6, 2025 (citation: w-02ca-565-04-2025). <p>Pengerang Refining Company appealed the High Court's dismissal of its application to set aside an ex-parte injunction restraining it from calling on a USD132.9 million performance bond issued by Sinopec Engineering in connection with a refinery construction project. The Court of Appeal dismissed both appeals, finding that the demand on the performance bond was unconscionable as the facility had been completed and handed over, and that the respondents had made full and frank disclosure at the The panel comprised Azmi bin Ariffin, Mohd Firuz bin Jaffril and Ong Chee Kwan, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Leezzie John (counsel for respondent), Muhd Naazraj (counsel for appellant), Ng Faye Xiang (counsel for respondent), Sanjay Mohan (counsel for appellant), Siew Suet Mey (counsel for appellant), Thayananthan A/L Baskaran (counsel for respondent).
Summary
Pengerang Refining Company appealed the High Court's dismissal of its application to set aside an ex-parte injunction restraining it from calling on a USD132.9 million performance bond issued by Sinopec Engineering in connection with a refinery construction project. The Court of Appeal dismissed both appeals, finding that the demand on the performance bond was unconscionable as the facility had been completed and handed over, and that the respondents had made full and frank disclosure at the ex-parte stage.
What was the outcome of PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD ...?
<p>Pengerang Refining Company appealed the High Court's dismissal of its application to set aside an ex-parte injunction restraining it from calling o...