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-02imc-558-04-2025). <p>Pengerang Refining Company sought to set aside an ex-parte order restraining it from calling on a USD132.9 million performance bond posted by Sinopec Engineering for a refinery construction project. The Court of Appeal dismissed the appeal, finding that the respondents had made full and frank disclosure when obtaining the ex-parte order and that the call on the performance bond was unconscionable given the facility had been completed and revenue was being earned.</p> 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 sought to set aside an ex-parte order restraining it from calling on a USD132.9 million performance bond posted by Sinopec Engineering for a refinery construction project. The Court of Appeal dismissed the appeal, finding that the respondents had made full and frank disclosure when obtaining the ex-parte order and that the call on the performance bond was unconscionable given the facility had been completed and revenue was being earned.
What was the outcome of PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD ...?
<p>Pengerang Refining Company sought to set aside an ex-parte order restraining it from calling on a USD132.9 million performance bond posted by Sinop...