News

KUALA LUMPUR (Nov 15): Axianergy (M) Sdn Bhd, the engineering, procurement, construction, and commissioning contractor for Petronas Gas Bhd’s 42km lateral gas pipeline project for a Pulau Indah power plant, has obtained a Shah Alam High Court injunction on Nov 12, 2025, preventing PetGas from calling on its bank guarantee during an ongoing arbitration.

Axianergy has also started an adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012), claiming PetGas owes it over RM70 million for changes in project works.

The court said PetGas acted “unconscionably” and granted the injunction.

The dispute involves work done on the NPS 36 Pulau Indah Lateral Pipeline (Tulip) project, a 42km gas pipeline running from Puchong to Pulai Indah worth RM541.07 million. The project was completed in July 2024.

The court also ordered PetGas to pay RM7,500 in costs to Axianergy, which was represented by Naveen Sri Kantha, Leong Chee Weng, Lim Suat Yee, and Harshinie Paranitharan of Messrs Lee & Poh Partnership.

Our litigation partner, Kai Xiang previously acted for Dato’ Sri Najib Razak, the former Prime Minister of Malaysia, in a civil action brought against the former Attorney General, Tan Sri Tommy Thomas. The claim concerned allegations of misfeasance in public office, malicious proceeding and negligence in Tommy Thomas as a former Attoney General.

The client sought for monetary reliefs and to disqualify Tan Sri Tommy Thomas’s lawyer, on the basis that there is personal and monetary relationship involved. However, the High Court ultimately struck out the claim, taking the view that the action amounted to a challenge against the Attorney General’s absolute of prosecutorial discretion under Article 145(3) of the Federal Constitution of Malaysia.

Although the claim was dismissed in the High Court (pending appeal in the Court of Appeal), the case raised significant constitutional and administrative law issues, and attracted considerable public and media attention. It underscores the complexities involved when legal, political, and constitutional considerations intersect, and reflects our partner’s ability to advise and act in high-stakes, sensitive litigation involving senior public figures and novel legal arguments.

On 21.04.2022, the Court of Appeal dismissed an application for an interim injunction filed by Orang Asli villagers from Gua Musang, holding that no injunction may be granted against the government or its agents pursuant to Section 29(1)(b) of the Government Proceedings Act 1956 and Section 54 of the Specific Relief Act 1954. The application sought to restrain ongoing logging, mining, and plantation activities on ancestral land, pending the determination of a suit that raises fundamental constitutional and customary land rights issues. The main suit has since proceeded to trial and is scheduled to continue in June 2025. LPP Law acts as the solicitors for the Plaintiffs where our Ryan Chu is leading the matter.