ASM DEVELOPMENT SDN BHD 1. ) TENAGA NASIONAL BERHAD 2. ) PERBADANAN PENGURUSAN BTS MC 1

ASM DEVELOPMENT SDN BHD 1. ) TENAGA NASIONAL BERHAD 2. ) PERBADANAN PENGURUSAN BTS MC 1

Plaintiff was not liable for arrears accruing after 1 January 2016 because JMB BTS-1 had taken over management in 2008 and the Plaintiff had given sufficient notice to terminate the supply contract; Tenaga Nasional Berhad unreasonably continued to bill the Plaintiff and should have closed or transferred the accounts; the actual user and debtor for the five accounts is JMB BTS-1 and, by operation of ss.27 & 28 SMA 2013, Perbadanan Pengurusan BTS MC-1 which therefore bears the outstanding debts and the 1st Defendant must transfer the accounts and arrears to the Management Corporation.

Citation
WA-24NCvC-1587-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: ASM Development Sdn Bhd; 1st Defendant: Tenaga Nasional Berhad; 2nd Defendant: Perbadanan Pengurusan BTS MC-1
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 October 2025
Case Number
WA-24NCvC-1587-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Judgment
Outcome
Declarations granted for Plaintiff; Plaintiff relieved of liability for arrears accruing after 1 January 2016; 1st Defendant ordered to transfer accounts and outstanding debts to Perbadanan Pengurusan BTS MC-1
Legal Topics
Definition of Consumer Under Electricity Supply Act, Transfer of Utility Accounts, Liability for Utility Arrears, Successor Liability of Management Corporation, Termination of Supply Contract
Source Language
Malay/English
Strata Law Electricity Supply Law Contract Law Civil Procedure Definition of Consumer Under Electricity Supply Act Transfer of Utility Accounts Liability for Utility Arrears Successor Liability of Management Corporation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ASM Development Sdn Bhd

Plaintiff

Tenaga Nasional Berhad

1st Defendant

Perbadanan Pengurusan BTS MC-1

2nd Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Plaintiff developer is liable for outstanding electricity bills for common property accounts
  2. 2 Whether JMB BTS-1 or Perbadanan Pengurusan BTS MC-1 is the actual consumer under s.2 ESA 1990 for the five TNB accounts
  3. 3 Whether liabilities of JMB BTS-1 vest in the Management Corporation by operation of law under SMA 2013

Ratio Decidendi

Plaintiff was not liable for arrears accruing after 1 January 2016 because JMB BTS-1 had taken over management in 2008 and the Plaintiff had given sufficient notice to terminate the supply contract; Tenaga Nasional Berhad unreasonably continued to bill the Plaintiff and should have closed or transferred the accounts; the actual user and debtor for the five accounts is JMB BTS-1 and, by operation of ss.27 & 28 SMA 2013, Perbadanan Pengurusan BTS MC-1 which therefore bears the outstanding debts and the 1st Defendant must transfer the accounts and arrears to the Management Corporation.

Court Disposition

Declarations granted for Plaintiff; Plaintiff relieved of liability for arrears accruing after 1 January 2016; 1st Defendant ordered to transfer accounts and outstanding debts to Perbadanan Pengurusan BTS MC-1

Orders

  • Declaration that JMB BTS-1 (Blocks A-E) and/or Perbadanan Pengurusan BTS MC-1 are the actual users for the following five TNB accounts: Block A – 220297048706; Block B – 220297055700; Block C – 220208281801; Block D – 220208286100; Block E – 220033844508
  • Declaration that all outstanding bills in arrears for the said TNB accounts are owed by JMB BTS-1 and/or Perbadanan Pengurusan BTS MC-1 and that the outstanding debts are to be transferred to their names