TENAGA NASIONAL BERHAD EVERMAL INDUSTRY SDN BHD

TENAGA NASIONAL BERHAD EVERMAL INDUSTRY SDN BHD

The Court dismissed Tenaga's appeal on quantum, effectively upholding the High Court's approach to the issue of quantum and damages in the circumstances, and struck out the related appeal by Evermal due to its concession; consequential orders on costs were made (dismissal with costs RM10,000 subject to allocator; appeal J-02(NCVC)(W)-2028-10/2018 struck out with no order as to costs).

Citation
J-02(NCVC)(W)-1991-09/2018 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Tenaga Nasional Berhad; Respondent / Defendant: Evermal Industry Sdn Bhd
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
21 May 2019
Case Number
J-02(NCVC)(W)-1991-09/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Quantum at Court of Appeal
Outcome
Appeal J-02(NCVC)(W)-1991-09/2018 dismissed; Appeal J-02(NCVC)(W)-2028-10/2018 struck out.
Legal Topics
Meter Tampering, Quantum of Damages, Section 38 Electricity Supply Act 1990, Nominal Damages, Costs
Source Language
Malay/English
Electricity Supply Law Statutory Damages Civil Procedure Evidence Meter Tampering Quantum of Damages Section 38 Electricity Supply Act 1990 Nominal Damages +1 more

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Parties

Tenaga Nasional Berhad

Appellant / Plaintiff

Evermal Industry Sdn Bhd

Respondent / Defendant

Procedural Posture

Civil Appeal / Judgment on Quantum at Court of Appeal

Legal Issues

  1. 1 Whether meter tampering was proven and revenue loss established
  2. 2 Whether loss of revenue under Section 38 ESA can be estimated
  3. 3 Whether claimant sufficiently particularised its claim and calculations

Ratio Decidendi

The Court dismissed Tenaga's appeal on quantum, effectively upholding the High Court's approach to the issue of quantum and damages in the circumstances, and struck out the related appeal by Evermal due to its concession; consequential orders on costs were made (dismissal with costs RM10,000 subject to allocator; appeal J-02(NCVC)(W)-2028-10/2018 struck out with no order as to costs).

Court Disposition

Appeal J-02(NCVC)(W)-1991-09/2018 dismissed; Appeal J-02(NCVC)(W)-2028-10/2018 struck out.

Orders

  • Dismiss appeal no. J-02(NCVC)(W)-1991-09/2018 with costs RM10000 subject to allocator
  • Strike out appeal no. J-02(NCVC)(W)-2028-10/2018 with no order as to costs