BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

The Federal Court held that Big Man discharged its burden to prove special damages on a balance of probabilities by adducing coherent documentary and oral evidence; TNB breached its statutory duty in unlawfully disconnecting supply and, by virtue of its monopolistic public function and deliberate conduct, was liable to exemplary damages which are awarded as RM100,000; the Court of Appeal's reversal on damages and costs was set aside.

Citation
02(f)-16-05/2024(J) (Mahkamah Persekutuan)
Parties
Appellant/plaintiff: Big Man Management Sdn Bhd; Respondent/defendant: Tenaga Nasional Berhad
Court
f
Jurisdiction
Malaysia
Judgment Date
7 July 2025
Case Number
02(f)-16-05/2024(J) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (federal Court) / Final Judgment on Appeal
Outcome
Court set aside the Court of Appeal's decision on damages, reinstated the High Court's award of special damages, awarded exemplary damages of RM100,000 to Big Man, and set aside the Court of Appeal's costs award to TNB; matter remitted for costs hearing.
Legal Topics
Wrongful Disconnection, Special Damages, Exemplary (punitive) Damages, Breach of Statutory Duty, Costs
Source Language
Malay/English
Tort Contract Statutory Duty Energy Regulation Evidence Wrongful Disconnection Special Damages Exemplary (punitive) Damages +2 more

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Parties

Big Man Management Sdn Bhd

Appellant/plaintiff

Tenaga Nasional Berhad

Respondent/defendant

Procedural Posture

Civil Appeal (federal Court) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether special damages were proved on the balance of probabilities
  2. 2 Whether exemplary damages are available and appropriate against TNB for wrongful disconnection/breach of statutory duty
  3. 3 Whether TNB breached its statutory duty under the Electricity Supply Act 1990

Ratio Decidendi

The Federal Court held that Big Man discharged its burden to prove special damages on a balance of probabilities by adducing coherent documentary and oral evidence; TNB breached its statutory duty in unlawfully disconnecting supply and, by virtue of its monopolistic public function and deliberate conduct, was liable to exemplary damages which are awarded as RM100,000; the Court of Appeal's reversal on damages and costs was set aside.

Court Disposition

Court set aside the Court of Appeal's decision on damages, reinstated the High Court's award of special damages, awarded exemplary damages of RM100,000 to Big Man, and set aside the Court of Appeal's costs award to TNB; matter remitted for costs hearing.

Orders

  • Set aside Court of Appeal decision on damages
  • Reinstated High Court award of special damages to Big Man Management Sdn Bhd