Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd

Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd

There is no real prospect of success in showing that either Amona Ranhill or Ranhill E&C is liable under the Agency Agreement. The only party liable is Ranhill FZE. The agreement is clear and unambiguous, and there is no evidence of agency, nominee, or estoppel sufficient to raise a serious issue to be tried.

Parties
Claimant: Unaoil Limited; First Defendant: Amona Ranhill Consortium Sdn Bhd; Second Defendant: Ranhill Engineers & Constructors Sdn Bhd; Third Defendant: Ranhill Middle East FZE
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Commercial Contract Dispute / Application to Set Aside Service for Lack of Serious Issue to Be Tried
Outcome
Application granted; service set aside as against first and second defendants
Legal Topics
Jurisdiction, Agency, Nominee Arrangements, Estoppel, Interpretation of Contracts, Summary Judgment Standard
Contract Law Agency Law Civil Procedure Jurisdiction Agency Nominee Arrangements Estoppel Interpretation of Contracts +1 more

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Parties

Unaoil Limited

Claimant

Amona Ranhill Consortium Sdn Bhd

First Defendant

Ranhill Engineers & Constructors Sdn Bhd

Second Defendant

Ranhill Middle East FZE

Third Defendant

Procedural Posture

Commercial Contract Dispute / Application to Set Aside Service for Lack of Serious Issue to Be Tried

Legal Issues

  1. 1 Whether there is a serious issue to be tried that Amona Ranhill Consortium Sdn Bhd and/or Ranhill Engineers & Constructors Sdn Bhd is liable under the Agency Agreement
  2. 2 Whether Ranhill Middle East FZE acted as agent or nominee for Amona Ranhill
  3. 3 Whether the Agency Agreement is a sham or subject to estoppel

Ratio Decidendi

There is no real prospect of success in showing that either Amona Ranhill or Ranhill E&C is liable under the Agency Agreement. The only party liable is Ranhill FZE. The agreement is clear and unambiguous, and there is no evidence of agency, nominee, or estoppel sufficient to raise a serious issue to be tried.

Court Disposition

Application granted; service set aside as against first and second defendants

Orders

  • Service of proceedings on Amona Ranhill Consortium Sdn Bhd and Ranhill Engineers & Constructors Sdn Bhd set aside