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

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

Court held TNB proved meter tampering and quantum (five-year claim) on balance of probabilities and Majistret's findings on those issues were upheld; however Respondent First failed to discharge the burden under ss.101-102 Evidence Act to prove that the Appellant caused the tampering or otherwise was legally liable to indemnify Respondent First, thus the third-party claim against Appellant was set aside and the appeal allowed in part.

Citation
JA-11BNCvC-13-08/2024 (Mahkamah Tinggi)
Parties
Appellant: Liew Ah Hock; Respondent First: Siah Kwee Khim; Respondent Second: 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 (rayuan Sivil) / High Court Judgment on Appeal (24/02/2026)
Outcome
Appeal allowed in part. High Court upheld Majistret's judgment in favor of TNB against Respondent First for RM60,778.45 with interest and costs; High Court set aside Majistret's order transferring full liability to the Appellant and allowed the Appellant's challenge on Issue (3).
Legal Topics
Meter Tampering, Statutory Presumption S.38, Quantum of Loss (five Year Claim), Third Party Indemnity/third Party Claim, Burden of Proof Ss.101 102 Evidence Act
Source Language
Malay/English
Electricity Supply Law Contract Law Evidence Law Civil Procedure Tort/indemnity Meter Tampering Statutory Presumption S.38 Quantum of Loss (five Year Claim) +2 more

Case Brief

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Parties

Liew Ah Hock

Appellant

Siah Kwee Khim

Respondent First

Tenaga Nasional Berhad

Respondent Second

Procedural Posture

Civil Appeal (rayuan Sivil) / High Court Judgment on Appeal (24/02/2026)

Legal Issues

  1. 1 Whether TNB proved existence of tampering or interference with the electricity meter
  2. 2 Whether the Commission's Guidelines permitting a five-year retrospective claim and the calculation method are lawful and supported by evidence
  3. 3 Whether Respondent First was entitled to recover full indemnity from the Appellant via the third-party claim (i.e. whether liability could be shifted to the tenant)

Ratio Decidendi

Court held TNB proved meter tampering and quantum (five-year claim) on balance of probabilities and Majistret's findings on those issues were upheld; however Respondent First failed to discharge the burden under ss.101-102 Evidence Act to prove that the Appellant caused the tampering or otherwise was legally liable to indemnify Respondent First, thus the third-party claim against Appellant was set aside and the appeal allowed in part.

Court Disposition

Appeal allowed in part. High Court upheld Majistret's judgment in favor of TNB against Respondent First for RM60,778.45 with interest and costs; High Court set aside Majistret's order transferring full liability to the Appellant and allowed the Appellant's challenge on Issue (3).

Orders

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