Duncan Sikodol JC:

GROUNDS OF JUDGMENT

[1]Based on the Originating Summons (Encl.1) the Plaintiff had applied, inter-alia, for the following injunctive orders/reliefs: -

(1)An Order restraining the Defendant, whether by itself or through its directors, employees’, servants, representatives and/or agents or otherwise howsoever, from terminating and/or attempting to terminate the Master Agreement dated 23.9.2019 made between the Plaintiff and the Defendant (“the Master Agreement”) in relation to the maintenance of mechanical pipelines known as the Sabah-Sarawak Gas Pipeline or in short, SSGP (“the Project”) pending the full and final conclusion of the arbitration proceedings.

(2)An Order restraining the Defendant, whether by itself or through its directors, employees’, servants, representatives and/or agents or otherwise howsoever, from replacing the Plaintiff in the execution of the works for the Project contrary to the Master Agreement and/or executing the works for the Project without the involvement and consent of the Plaintiff and/or entering into any agreement with any 3^rd party for the execution of the works for the Project contrary to the Master Agreement pending the full and final conclusion of the arbitration proceedings.

(3)An Order that the Defendant, whether acting by itself or by its directors, employees’, servants, representatives and/or agents or otherwise by any way whatsoever, within seven (7) days from the service of this Order, disclose to the Plaintiff by way of sworn affidavit the particulars of all contracts and/or agreements and/or consortiums, written or otherwise, entered into by the Defendant with any 3^rd party other than the Plaintiff in relation to the Project and/or in relation to the financing of the Project; and

(4)An Order that the Plaintiff is expressly allowed to execute the works for the Project in accordance with the terms of the Master Agreement pending the full and final conclusion of the arbitration proceedings.

(5)Nothing in this Order shall prevent the Defendant from its normal business and operational obligations under the Letter of Award and/or the Master Agreement.

Brief Facts

[2]The material brief facts of this case are, inter-alia, as follows: -

(a)The Plaintiff is an integrated oil & gas and petrochemicals service provider who specializes in pipeline & integrated facilities maintenance, offshore and onshore facilities transportation and installation, underwater service (Diving & ROV), training, fabrications and engineering company.

(b)The Defendant is a company involved in general contract works and amongst others, possesses licenses and registrations required for pipeline maintenance works. Among the registration owned by the Defendant is the registration with the Department of Occupation Safety and Health (the “DOSH Registration”).

(c)The subject matter of the dispute in this case is related to a project awarded by Petronas to the Defendant via a Letter of Award dated 12/12/2019 under Tender No. DTC- BTU/PBF/2019/32 (the “Letter of Award”) for the maintenance of mechanical pipelines known as the Sabah- Sarawak Gas Pipeline Project, SSGP (“the Project”).

(d)That before bidding for the Project, the Plaintiff and the Defendant had jointly executed a Sub-Contracting Declaration stipulating certain understandings between the parties in the event the Defendant is successful in bidding for the Project (see exhibit A-1).

(e)Subsequently the Defendant received an invitation from PETRONAS to bid for the Project (the “Invitation Bid”) by way of open tender.

(f)The Plaintiff and the Defendant had jointly executed a Master Agreement dated 23/09/2020 (the “Master Agreement”) (see Exhibit A-2)

(g)Eventually, the Defendant succeeded in obtaining the bid and was thereafter awarded the works of the said Project via the Letter of Award (see Exhibit A-3)

(h)Thereafter, the Defendant executed a back-to-back Letter of Award dated 01/01/2020 assigning the works of the Project to the Plaintiff and further incorporated t