LIEW AH HOCK 1. ) TENAGA NASIONAL BERHAD 2. ) SIAH KWEE KHIM

LIEW AH HOCK 1. ) TENAGA NASIONAL BERHAD 2. ) SIAH KWEE KHIM

TNB proved meter tampering and the quantum assessed under the five-year guideline was supported by technical evidence and is upheld; however First Respondent failed to discharge the burden under ss.101-102 Evidence Act 1950 to show appellant caused or was legally liable for the tampering, so the Majistret erred in transferring full liability to the appellant; appeal allowed in part limited to issue of third‑party liability, lower court findings on tampering and quantum against First Respondent upheld.

Citation
JA-11BNCvC-13-08/2024 (Mahkamah Tinggi)
Parties
Appellant: Liew Ah Hock; First Respondent: Siah Kwee Khim; Second Respondent: Tenaga Nasional Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2025
Case Number
JA-11BNCvC-13-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (high Court)
Outcome
Appeal allowed in part (allowed on Issue 3 only); lower court judgment upholding TNB's claim against First Respondent affirmed; third‑party claim against Appellant set aside.
Legal Topics
Meter Tampering, Statutory Presumption Under S.38, Quantum of Loss, Burden of Proof, Third Party Indemnity/third Party Claim
Source Language
Malay/English
Electricity Supply Law Contract Law Tort Evidence Civil Procedure Meter Tampering Statutory Presumption Under S.38 Quantum of Loss +2 more

Case Brief

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Parties

Liew Ah Hock

Appellant

Siah Kwee Khim

First Respondent

Tenaga Nasional Berhad

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether TNB proved existence of meter interference/tampering
  2. 2 Whether interpretation of Energy Commission Guidelines permitting five-year retrospective claims is correct
  3. 3 Whether First Respondent can recover full indemnity from Appellant via third‑party claim

Ratio Decidendi

TNB proved meter tampering and the quantum assessed under the five-year guideline was supported by technical evidence and is upheld; however First Respondent failed to discharge the burden under ss.101-102 Evidence Act 1950 to show appellant caused or was legally liable for the tampering, so the Majistret erred in transferring full liability to the appellant; appeal allowed in part limited to issue of third‑party liability, lower court findings on tampering and quantum against First Respondent upheld.

Court Disposition

Appeal allowed in part (allowed on Issue 3 only); lower court judgment upholding TNB's claim against First Respondent affirmed; third‑party claim against Appellant set aside.

Orders

  • Decision of Magistrate's Court dated 8.8.2024 allowing Tenaga Nasional Berhad's claim against First Respondent in the sum of RM60,778.45 with interest at 5% per annum from date of judgment until full settlement and costs on the scale is affirmed.
  • Decision of Magistrate's Court allowing First Respondent's third‑party claim against Appellant and finding Appellant fully liable for that sum is set aside.