1. ) TEH KIM SENG 2. ) TEH CHENG HONG TENAGA NASIONAL BERHAD

1. ) TEH KIM SENG 2. ) TEH CHENG HONG TENAGA NASIONAL BERHAD

Appeal dismissed because the Judgment in Default was regularly obtained by proper service via A.R. registered post, the appellants failed to rebut service and did not demonstrate a prima facie meritorious defence (tenancy did not negate liability and tampering pre-dated tenancy), and the application to set aside was filed out of time contrary to mandatory Order 42 r.13; under ss.37 and 38 of the Electricity Supply Act the account holder remains liable for loss of revenue.

Citation
WA-12ANCVC-151-06/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: TEH KIM SENG; Appellant/defendant: TEH CHENG HONG; Respondent/plaintiff: TENAGA NASIONAL BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2019
Case Number
WA-12ANCVC-151-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Application to Set Aside Judgment in Default (appeal Disposed)
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Meter Tampering, Default Judgment, Service by A.r. Registered Post, Setting Aside Judgment, Statutory Liability Under Electricity Supply Act 1990, Time Limits for Applications (order 42 R.13)
Source Language
Malay/English
Electricity/utility Law Civil Procedure Contract Law Meter Tampering Default Judgment Service by A.r. Registered Post Setting Aside Judgment Statutory Liability Under Electricity Supply Act 1990 +1 more

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Parties

TEH KIM SENG

Appellant/defendant

TEH CHENG HONG

Appellant/defendant

TENAGA NASIONAL BERHAD

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Application to Set Aside Judgment in Default (appeal Disposed)

Legal Issues

  1. 1 Whether the Judgment in Default was regularly obtained
  2. 2 Whether service by A.R. registered post to last known address was effective
  3. 3 Whether the appellants demonstrated a meritorious defence to set aside a regular JID

Ratio Decidendi

Appeal dismissed because the Judgment in Default was regularly obtained by proper service via A.R. registered post, the appellants failed to rebut service and did not demonstrate a prima facie meritorious defence (tenancy did not negate liability and tampering pre-dated tenancy), and the application to set aside was filed out of time contrary to mandatory Order 42 r.13; under ss.37 and 38 of the Electricity Supply Act the account holder remains liable for loss of revenue.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed and Sessions Judge's decision affirmed
  • Costs of RM1,000.00 awarded to Respondent