This article first appeared in The Edge Financial Daily on February 20, 2020

KUALA LUMPUR: The Court of Appeal, sitting in Kuching, yesterday granted Petroliam Nasional Bhd (Petronas) a stay of proceedings in the Sarawak government’s suit against the company over the payment of state sales tax.

Petronas’ lawyer Datuk Malik Imtiaz Sarwar said the appeals court granted the stay of proceedings pending the disposal of the appeal against the High Court’s decision to dismiss Petronas’ application to recuse Judicial Commissioner Christopher Chin from hearing the suit.

Malik said the appellate court made it clear that the stay covers the need to comply with all directions given by the

judicial commissioner to date.

“The High Court had dismissed the recusal application and thereafter the stay of proceedings application. The recusal appeal is currently scheduled for March 6 in Putrajaya but the Court of Appeal gave the stay to address our concern about unforeseen circumstances leading to adjournment.

“The judicial commissioner scheduled the hearing of Petronas and the Sarawak government’s applications on March 13. He also directed parties to file written submissions by March 2,” Malik

said.

The Sarawak state government was represented by its legal adviser Datuk Seri JC Fong.