1. ) SIAW YEN JAK 2. ) SIAW LEE YEN 1. ) YOONG WAI KWONG 2. ) ERLIANA BINTI ROSLAN 3. ) YOONG WAI SAM 4. ) YOONG WAI KEN

1. ) SIAW YEN JAK 2. ) SIAW LEE YEN 1. ) YOONG WAI KWONG 2. ) ERLIANA BINTI ROSLAN 3. ) YOONG WAI SAM 4. ) YOONG WAI KEN

Under s38(3) Electricity Supply Act 1990 and binding authority, liability for loss due to meter tampering is imposed on the registered consumer/account holder at the time the offence is discovered; Premier Harvest was the registered consumer at the relevant time and failed to prove on the balance of probabilities that the registered owners (third parties) or occupiers were responsible, therefore the appeals are dismissed and the decisions of the Sessions Court are affirmed.

Citation
NA-12B-5-03/2023 (Mahkamah Tinggi)
Parties
Appellant (defendant in Original): PREMIER HASVEST (M) SDN BHD; Plaintiff/respondent: TENAGA NASIONAL BERHAD; Third Party First (pihak Ketiga Pertama): SIAW YEN JAK; Third Party Second (pihak Ketiga Kedua): SIAW LEE YEN; Third Party Third (pihak Ketiga Ketiga): YOONG WAI KWONG; Third Party Fourth (pihak Ketiga Keempat): ERLIANA BINTI ROSLAN; Third Party Fifth: YOONG WAI SAM; Third Party Sixth: YOONG WAI KEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 December 2023
Case Number
NA-12B-5-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (rayuan Sivil) / Judgment on Appeals Heard Together
Outcome
both appeals dismissed with costs; decisions of the Sessions Court affirmed
Legal Topics
Electricity Theft, Liability of Registered Consumer, Third Party Indemnity, Burden of Proof, Transfer of Property
Source Language
Malay/English
Electricity Law Civil Procedure Evidence Law Property Law Electricity Theft Liability of Registered Consumer Third Party Indemnity Burden of Proof +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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PREMIER HASVEST (M) SDN BHD

Appellant (defendant in Original)

TENAGA NASIONAL BERHAD

Plaintiff/respondent

SIAW YEN JAK

Third Party First (pihak Ketiga Pertama)

SIAW LEE YEN

Third Party Second (pihak Ketiga Kedua)

YOONG WAI KWONG

Third Party Third (pihak Ketiga Ketiga)

ERLIANA BINTI ROSLAN

Third Party Fourth (pihak Ketiga Keempat)

YOONG WAI SAM

Third Party Fifth

YOONG WAI KEN

Third Party Sixth

Procedural Posture

Civil Appeal (rayuan Sivil) / Judgment on Appeals Heard Together

Legal Issues

  1. 1 Whether claims for loss due to meter tampering may be pursued against the registered consumer or against the registered owner of the premises
  2. 2 Whether the defendant established on the balance of probabilities that the third parties (registered owners) were liable to indemnify the defendant
  3. 3 Whether third parties (lessees/occupiers) were liable for the tampering and thus for indemnity to the registered owner

Ratio Decidendi

Under s38(3) Electricity Supply Act 1990 and binding authority, liability for loss due to meter tampering is imposed on the registered consumer/account holder at the time the offence is discovered; Premier Harvest was the registered consumer at the relevant time and failed to prove on the balance of probabilities that the registered owners (third parties) or occupiers were responsible, therefore the appeals are dismissed and the decisions of the Sessions Court are affirmed.

Court Disposition

both appeals dismissed with costs; decisions of the Sessions Court affirmed

Orders

  • Notices of Appeal NA-12B-2-02/2023 and NA-12B-5-03-2023 dismissed with costs
  • Decision of Mahkamah Sesyen affirmed including order that Premier Harvest pay Tenaga Nasional Berhad RM235,966.70 (A52NCVC-38-04/2019) and RM4,544.15 (A52NCVC-85-10/2019) as previously ordered