TENAGA NASIONAL BERHAD CHAN LEE LEE

TENAGA NASIONAL BERHAD CHAN LEE LEE

The High Court found on balance that the Meter was tampered with and that TNB had not complied with s.38(4) so could not rely on a prima facie statement; however, because the Premises were found vacant until 15-8-2018, TNB proved a monthly loss rate of RM7,130.87 for the period 15-8-2018 to 18-12-2018 and judgment was entered for that truncated period with operational costs and interest.

Citation
BA-11BNCvC-23-06/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Tenaga Nasional Berhad; Respondent/defendant: Chan Lee Lee; Third Party: Multiple Hans Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 October 2024
Case Number
BA-11BNCvC-23-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Judgment on Appeal
Outcome
Appeal allowed in part; judgment entered for appellant against respondent in limited quantum
Legal Topics
Meter Tampering, Section 38 Electricity Supply Act 1990, Prima Facie Certified Statement, Calculation of Lost Revenue, Occupancy/evidence of Vacancy
Source Language
Malay/English
Energy Law Evidence Civil Procedure Commercial Law Meter Tampering Section 38 Electricity Supply Act 1990 Prima Facie Certified Statement Calculation of Lost Revenue +1 more

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Parties

Tenaga Nasional Berhad

Appellant/plaintiff

Chan Lee Lee

Respondent/defendant

Multiple Hans Sdn Bhd

Third Party

Procedural Posture

Civil Appeal From Sessions Court / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the electricity meter was tampered with
  2. 2 Whether s.38(4) ESA was complied with and the effect on onus of proof
  3. 3 Whether the quantum of revenue loss was proven or rebutted

Ratio Decidendi

The High Court found on balance that the Meter was tampered with and that TNB had not complied with s.38(4) so could not rely on a prima facie statement; however, because the Premises were found vacant until 15-8-2018, TNB proved a monthly loss rate of RM7,130.87 for the period 15-8-2018 to 18-12-2018 and judgment was entered for that truncated period with operational costs and interest.

Court Disposition

Appeal allowed in part; judgment entered for appellant against respondent in limited quantum

Orders

  • Loss of revenue from 15-8-2018 to 18-12-2018 in the sum of RM28,523.48
  • Operational costs RM200.00