Petronas subsidiaries seek judicial review over RM120 mln Sarawak penalties

KUCHING (Jan 21): Five subsidiaries of Petroliam Nasional Berhad (Petronas) are jointly seeking leave from the Kuching High Court to apply for a judicial review against the imposition of penalties totalling RM120 million by the Sarawak Gas Distribution Director and Sarawak Minister of Utilities and Telecommunications, Dato Sri Julaihi Narawi.

The judicial review applicants appeared before Judge Dean Wayne Daly today for the first hearing of the leave application.

Malaysia LNG Sdn Bhd, Malaysia LNG Dua Sdn Bhd, Malaysia LNG Tiga Sdn Bhd, Petronas Carigali Sdn Bhd and Petronas LNG 9 Sdn Bhd had been penalised for failing to apply for licences to operate in Sarawak, a requirement under Section 7 of the Distribution of Gas Ordinance (DGO) 2016.

By virtue of Section 21A of the DGO 2016, the maximum penalty is RM20 million per case. However, the five subsidiaries were issued eight notices for failing to apply for licences, with penalties of RM15 million each imposed against them.

The applicants’ legal team, comprising lawyers Khoo Guan Huat and Alex Ngu Sze Shae, argued today that the DGO 2016 does not apply to the subsidiaries’ operations.

The respondents were represented by State Legal Counsel Dato Sri JC Fong and State Senior Counsel Mohd Adzrul Adzlan from the State Attorney-General’s Chambers.

Senior Federal Counsel Ahmad Hanir Hambaly appeared for the Federal Attorney-General’s Chambers.

Judge Dean Wayne fixed Feb 3 for his decision.

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