TENAGA NASIONAL BERHAD MDA FOUNDATION

TENAGA NASIONAL BERHAD MDA FOUNDATION

Default judgment was regularly obtained; defendant failed to establish a meritorious defence because defendant is the registered account holder for the electricity supply and thus owed a duty of care to secure the meter and is liable for loss from tampering; change of property ownership does not absolve contractual liability to the utility; third party must be pursued separately for contribution or indemnity. Accordingly the application to set aside the default judgment is dismissed with costs RM1,000.

Citation
WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)
Parties
Plaintiff: Tenaga Nasional Berhad; Defendant: MDA Foundation
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 January 2025
Case Number
WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)
Procedural Posture
Civil Claim for Loss of Revenue From Electricity Meter Tampering / Application to Set Aside Default Judgment (order 13 R.8)
Outcome
Application to set aside default judgment dismissed.
Legal Topics
Setting Aside Default Judgment, Liability of Registered Account Holder, Meter Tampering, Third Party Proceedings, Contribution/indemnity
Source Language
Malay/English
Civil Procedure Contract Electricity Supply Law Tort Duty of Care Setting Aside Default Judgment Liability of Registered Account Holder Meter Tampering Third Party Proceedings +1 more

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Parties

Tenaga Nasional Berhad

Plaintiff

MDA Foundation

Defendant

Procedural Posture

Civil Claim for Loss of Revenue From Electricity Meter Tampering / Application to Set Aside Default Judgment (order 13 R.8)

Legal Issues

  1. 1 Whether the default judgment was regularly obtained
  2. 2 Whether the defendant disclosed an arguable and triable defence with a real prospect of success
  3. 3 Whether a registered account holder is liable for loss from meter tampering despite change of property ownership

Ratio Decidendi

Default judgment was regularly obtained; defendant failed to establish a meritorious defence because defendant is the registered account holder for the electricity supply and thus owed a duty of care to secure the meter and is liable for loss from tampering; change of property ownership does not absolve contractual liability to the utility; third party must be pursued separately for contribution or indemnity. Accordingly the application to set aside the default judgment is dismissed with costs RM1,000.

Court Disposition

Application to set aside default judgment dismissed.

Orders

  • Application to set aside default judgment dismissed.
  • Defendant to pay costs of RM 1,000.00 to Plaintiff.