LEE HENG PUI TENAGA NASIONAL BERHAD

LEE HENG PUI TENAGA NASIONAL BERHAD

The appeal was allowed in part because the trial judge failed to properly resolve conflicts in evidence and to give sufficient weight to the defendant's alternative computation and evidentiary objections; on full consideration the court accepted the defendant's alternative back-billing calculation based on contracted demand (80Amp) producing RM53,883.46 and adjusted the judgment accordingly, awarding that sum with 5% interest and appeal costs of RM6,000.

Citation
BA-12B-32-04/2023 (Mahkamah Tinggi)
Parties
Perayu: Lee Heng Pui; Responden: Tenaga Nasional Berhad; Third Party: Lai Yau Fatt; Third Party: Chan Tiam Fook; Third Party: Cho Joon Chong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 July 2023
Case Number
BA-12B-32-04/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (electricity Supply) / Judgment on Appeal
Outcome
Appeal allowed in part; trial judgment set aside in part and varied
Legal Topics
Meter Tampering, Back Billing (retrospective Billing), Statutory Cause of Action Under Electricity Supply Act 1990, Quantum of Loss, Appellate Intervention
Source Language
Malay/English
Energy/electricity Law Civil Litigation Evidence Meter Tampering Back Billing (retrospective Billing) Statutory Cause of Action Under Electricity Supply Act 1990 Quantum of Loss Appellate Intervention

Case Brief

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Parties

Lee Heng Pui

Perayu

Tenaga Nasional Berhad

Responden

Lai Yau Fatt

Third Party

Chan Tiam Fook

Third Party

Cho Joon Chong

Third Party

Procedural Posture

Civil Appeal (electricity Supply) / Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiff (TNB) proved meter tampering under sections 37 and/or 38 Electricity Supply Act 1990 on balance of probabilities
  2. 2 Whether plaintiff proved quantum of loss and correct methodology for back-billing (Beban Kehendak Maksima vs alternative based on contracted demand)
  3. 3 Admissibility and weight of inspection records and oral evidence (hearsay concerns)

Ratio Decidendi

The appeal was allowed in part because the trial judge failed to properly resolve conflicts in evidence and to give sufficient weight to the defendant's alternative computation and evidentiary objections; on full consideration the court accepted the defendant's alternative back-billing calculation based on contracted demand (80Amp) producing RM53,883.46 and adjusted the judgment accordingly, awarding that sum with 5% interest and appeal costs of RM6,000.

Court Disposition

Appeal allowed in part; trial judgment set aside in part and varied

Orders

  • Perayu/Defendan Lee Heng Pui to pay Responden/Plaintif Tenaga Nasional Berhad RM53,883.46
  • Interest at 5% per annum on RM53,883.46 from date of this appellate judgment until full settlement