Tenaga Nasional Berhad [No. Sykt: 200866-W] CSF Holdings Sdn Bhd [No. Sykt: 1184207-T]

Tenaga Nasional Berhad [No. Sykt: 200866-W] CSF Holdings Sdn Bhd [No. Sykt: 1184207-T]

Appellate court found the Sessions Judge erred in rejecting the raiding officers' evidence on tampering and that such rejection amounted to a misdirection; however, the court upheld the Sessions Judge's finding that the section 38(4) statement contained a manifest error because the Amptong used to record readings was not shown to have been calibrated or reliable, and therefore the written statement was properly rebutted. The appeal was dismissed and the Sessions Court decision affirmed.

Citation
12ANCVC-43-05/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Tenaga Nasional Berhad; Respondent/defendant: CSF Holdings Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2021
Case Number
12ANCVC-43-05/2020 (Mahkamah Tinggi)
Procedural Posture
Civil / High Court Appeal From Sessions Court Judgment
Outcome
Appeal dismissed; decision of the Sessions Court affirmed
Legal Topics
Meter Tampering, Section 38(3) Electricity Act 1990, Section 38(4) Electricity Act 1990, Prima Facie Written Statement, Calibration of Measuring Devices, Appellate Review of Findings of Fact
Source Language
Malay/English
Energy Regulation Evidence Civil Procedure Meter Tampering Section 38(3) Electricity Act 1990 Section 38(4) Electricity Act 1990 Prima Facie Written Statement Calibration of Measuring Devices +1 more

Case Brief

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Parties

Tenaga Nasional Berhad

Appellant/plaintiff

CSF Holdings Sdn Bhd

Respondent/defendant

Procedural Posture

Civil / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether the Sessions Judge erred in rejecting the raiding officers' evidence on meter tampering
  2. 2 Whether there was a manifest error in the section 38(4) written statement due to unreliable measurement device (Amptong)

Ratio Decidendi

Appellate court found the Sessions Judge erred in rejecting the raiding officers' evidence on tampering and that such rejection amounted to a misdirection; however, the court upheld the Sessions Judge's finding that the section 38(4) statement contained a manifest error because the Amptong used to record readings was not shown to have been calibrated or reliable, and therefore the written statement was properly rebutted. The appeal was dismissed and the Sessions Court decision affirmed.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court affirmed