Kuala Lumpur High Court Civil Suit No : WA-22NCvC-773-11/2018 Konsortium Lord-Saberkat Sdn Bhd (Plaintiff) v Petron Malaysia Refining & Marketing Bhd (Defendant)
Petron Malaysia Refining & Marketing Bhd ("Petron") wishes to inform that Petron was served with a Writ and Statement of Claim from the solicitors of Konsortium Lord-Saberkat Sdn Bhd ("Lord Saberkat").
Previously, Lord Saberkat had filed a writ against Petron based on allegations that Petron failed to pay Lord Saberkat for the works and tasks that were allegedly ordered by Petron and were allegedly carried out by Lord Saberkat per the Standard Transportation Agreement No. 2005-01FM dated 19 December 2005, as amended ("Agreement") between Petron and Lord Saberkat ("the First Suit"). This Agreement was for the supply of transportation services by Lord Saberkat to Petron for the delivery of fuel to Petron's service stations in Peninsular Malaysia.
Petron refers to the announcements to Bursa Malaysia Securities Berhad made on 3 November 2014, 30 June 2015, 14 July 2015, 21 July 2015, 24 July 2015, 10 December 2015, 6 January 2016, 8 November 2016, 15 December 2016 and 10 January 2018, in relation to the First Suit.
For the First Suit, the High Court on 30 June 2015 dismissed most of Lord Saberkat's claims and subsequently both Lord Saberkat and Petron separately filed an appeal against the judgment of the High Court. The Court of Appeal heard the two appeals together and dismissed Lord Saberkat's appeal and allowed Petron's appeal. Lord Saberkat then filed a motion to seek leave to appeal to the Federal Court and this motion was dismissed by the Federal Court. Lord Saberkat then filed for motion to review the Federal Court decision and was also dismissed by the Federal Court. Subsequently, Lord Saberkat filed a motion to amend the Order made by the Court of Appeal dated 10 December 2015 and was also dismissed by the Court of Appeal on 24 September 2018.
Lord Saberkat has since filed an application for leave to appeal to the Federal Court in relation to the dismissal by the Court of Appeal, which has been fixed for case management on 20 December 2018.
Lord Saberkat has now filed a new claim against Petron allegedly over a breach of contract in relation to the same Agreement ("the Second Suit").
The claims filed by the Lord Saberkat pursuant to the Writ and Statement of Claim, as pleaded therein, are as follows:
a) Damages amounting to RM109,183,517 particulars of which consists of the following :
Loss of Orders amounting to RM62,732,065; Loss of Profit amounting to RM24,126,724; and Depreciation, Loss of value of Lord Saberkat's dedicated fleet of road tankers amounting to RM22,324,728 b) General damages;
c) Interest on damages from the date of the Writ until satisfaction of the judgment at such rate as the Court deems fit;
d) Costs; and
e) Such further and other relief as the Court may deem fit, just and equitable.
Petron has intructed external counsel to act on its behalf and Petron will defend its position and take all necessary legal action as deemed appropriate. Petron strongly denies that there are any such breach of contract and claims as alleged by Lord Saberkat.
Petron does not expect or anticipate any impact to its finances or operations as a result of this Second Suit.
I dont care about the oil price or the crack spread. The changes in those prices, have very little effect on my estimate on the intrinsic value of petronm.
Its on HY, but some is applicable to petronm. I'm not talking much about the economic moat of Petronm, although felicity did write a bit on it.
Why? I havent buy enough. With my margin facility, i can reach my size right away, but i like buying slowly first, and keep rereading the accounts for the last 5-6 years, just in case i forget anything.
Up to you. What i'll say is, its currently 15.5% of fund. If im right, i'd like it to be 25% -30%.
I agree Chiovo that oil price change has little bearing on the Co's fortunes.
In fact a drop would be better because even though the inventory held is marked down, Petron's downstream namely aircraft fuel will earn fatter crack spreads in the longer run when inventory is replenished.
Car petrol spread is government regulated so the spread is somewhat stable.
In general, a drop will definitelly cost a little on a net basis. Because derivatives do not cover with perfection. They usually aim to cover most, but not all. (if a company covers way more than the inventory etc, chances are they are now speculating on them, and its not just for the operations of the business.
There may be a slight timelag in crack, but this is really just conjecture.
At the end of the day, the above statements have very little bearing on the long term economic power of the company. They just need to be done right. If not done properly, we get that 900m stockholding loss in hy in 2014.
Having said that, the absolute best refineries are those that have the financial strength to never need to hedge. At the end of the day, the results from hedging over the long term is a negative. Hedging cost more than 4% of the underlying inventories per year, easily.
But very few can do that, due to the strong dividend payouts. Except for the ones under berkshire hathaway.
This book is the result of the author's many years of experience and observation throughout his 26 years in the stockbroking industry. It was written for general public to learn to invest based on facts and not on fantasies or hearsay....
sheldon
1,422 posts
Posted by sheldon > 2018-12-03 11:11 | Report Abuse
TQ Jon Choivo