1. ) SINOPEC ENGINEERING (GROUP) CO LTD 2. ) SINOPEC ENGINEERING GROUP MALAYSIA SDN BHD PENGERANG REFINING COMPANY SDN BHD

1. ) SINOPEC ENGINEERING (GROUP) CO LTD 2. ) SINOPEC ENGINEERING GROUP MALAYSIA SDN BHD PENGERANG REFINING COMPANY SDN BHD

The court found on the prima facie record that the Defendant was attributable for the delays, which justified granting the injunction and declaring the demand on the performance bond invalid; enclosure 31 was not proven and is therefore dismissed.

Citation
WA-24C(ARB)-38-06/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
ARB
Jurisdiction
Malaysia
Judgment Date
24 March 2025
Case Number
WA-24C(ARB)-38-06/2024 (Mahkamah Tinggi)
Procedural Posture
Construction Dispute (injunction) / Judgment (final)
Outcome
Injunction granted; demand on the performance bond declared invalid; enclosure 31 dismissed; orders in terms granted for prayers 2, 3 and 5 of Enclosure 1; costs in the cause.
Legal Topics
Injunctions, Delay Damages, Performance Bond (pb), Costs, Evidence Prima Facie Standard
Source Language
Malay/English
Construction Law Civil Procedure Contract Law Equitable Relief Injunctions Delay Damages Performance Bond (pb) Costs +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Construction Dispute (injunction) / Judgment (final)

Legal Issues

  1. 1 Whether the Defendant is prima facie attributable to the delays and thus disentitled to delay damages
  2. 2 Whether the demand on the performance bond (PB) is valid and enforceable
  3. 3 Whether an injunction should be granted to restrain enforcement of the PB

Ratio Decidendi

The court found on the prima facie record that the Defendant was attributable for the delays, which justified granting the injunction and declaring the demand on the performance bond invalid; enclosure 31 was not proven and is therefore dismissed.

Court Disposition

Injunction granted; demand on the performance bond declared invalid; enclosure 31 dismissed; orders in terms granted for prayers 2, 3 and 5 of Enclosure 1; costs in the cause.

Orders

  • Injunction granted restraining enforcement of the performance bond
  • Demand on the performance bond (PB) declared invalid and of no effect