Budaya Delima Sdn Bhd Perbadanan Bekalan Air Pulau Pinang Sdn Bhd

Budaya Delima Sdn Bhd Perbadanan Bekalan Air Pulau Pinang Sdn Bhd

The appellate court allowed the appeal because the plaintiff failed to prove, as pleaded, that the defendant had contracted to bear unlimited liability for water used by individual unit occupants; the Sessions Court failed to properly evaluate evidence and misapplied the law by attributing consumption to the defendant without proof, so the judgment against the defendant could not stand.

Citation
PA-12BNCvC-21-08/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Budaya Delima Sdn. Bhd.; Respondent/plaintiff: Perbadanan Bekalan Air Pulau Pinang Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 July 2024
Case Number
PA-12BNCvC-21-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court Judgment After Full Trial
Outcome
Appeal allowed; decision of the Sessions Court set aside.
Legal Topics
Water Supply Charges, Statutory Liability Under WSIA, Running Account Doctrine, Limitation Period, Pleadings and Burden of Proof
Source Language
Malay/English
Contract Law Statutory Interpretation Administrative Law Limitation Law Utility Regulation Water Supply Charges Statutory Liability Under WSIA Running Account Doctrine +2 more

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Parties

Budaya Delima Sdn. Bhd.

Appellant/defendant

Perbadanan Bekalan Air Pulau Pinang Sdn. Bhd.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Sessions Court Judgment After Full Trial

Legal Issues

  1. 1 Whether defendant is liable for unpaid water charges billed to the main meter
  2. 2 Whether plaintiff's claim is time-barred or is a running/recurring claim
  3. 3 Whether the Sessions Court erred in finding contractual or statutory liability against the defendant without sufficient proof

Ratio Decidendi

The appellate court allowed the appeal because the plaintiff failed to prove, as pleaded, that the defendant had contracted to bear unlimited liability for water used by individual unit occupants; the Sessions Court failed to properly evaluate evidence and misapplied the law by attributing consumption to the defendant without proof, so the judgment against the defendant could not stand.

Court Disposition

Appeal allowed; decision of the Sessions Court set aside.

Orders

  • Set aside the judgment of the Sessions Court dated 14.8.2023
  • Appeal allowed in favour of the appellant (Budaya Delima Sdn. Bhd.)