ENGTEX INDUSTRIES SDN BHD [NO. SYARIKAT : 393288-T] TENAGA NASIONAL BERHAD [NO. SYARIKAT : 200866-W]

ENGTEX INDUSTRIES SDN BHD [NO. SYARIKAT : 393288-T] TENAGA NASIONAL BERHAD [NO. SYARIKAT : 200866-W]

The learned Sessions Court had correctly found meter-tampering on balance of probabilities based on witness evidence and documents; plaintiff was not required to prove the identity of the tamperer; the certified computation and demand (P8 and P9) complied with s38(4)-(5) and constituted prima facie evidence of the amount payable; defendant failed to rebut that prima facie case and also failed to prove its counterclaim; appeal dismissed with costs.

Citation
JA-12BNCvC-22-09/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Engtex Industries Sdn Bhd; Respondent/plaintiff: Tenaga Nasional Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 August 2020
Case Number
JA-12BNCvC-22-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (dismissed)
Outcome
Appeal dismissed with costs
Legal Topics
Meter Tampering, Loss of Revenue, Prima Facie Statutory Statement, Burden of Proof, Estimation of Damages, Certified Written Statement Under S38
Source Language
Malay/English
Electricity Law Statutory Interpretation Evidence Law Civil Procedure Meter Tampering Loss of Revenue Prima Facie Statutory Statement Burden of Proof +2 more

Case Brief

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Parties

Engtex Industries Sdn Bhd

Appellant/defendant

Tenaga Nasional Berhad

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether facts of meter-tampering were properly pleaded and whether defendant was prejudiced by pleadings
  2. 2 Whether meter-tampering was established on balance of probabilities by circumstantial and direct evidence
  3. 3 Whether plaintiff was required to prove identity of the tamperer

Ratio Decidendi

The learned Sessions Court had correctly found meter-tampering on balance of probabilities based on witness evidence and documents; plaintiff was not required to prove the identity of the tamperer; the certified computation and demand (P8 and P9) complied with s38(4)-(5) and constituted prima facie evidence of the amount payable; defendant failed to rebut that prima facie case and also failed to prove its counterclaim; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs