9 Aug 2022
TENAGA NASIONAL BERHAD PETER'S BRICKWORKS SDN. BERHAD
- Citation
- BA-12BNCvC-6-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-6-02/2021 (Mahkamah Tinggi)
The High Court held that although the evidence supported the respondent's position that TNB had been inactive and that the JMB had applied to take over the account (and adverse inference against TNB for not calling a material witness was justified), the Sessions Court exceeded jurisdiction by ordering change of account name affecting the JMB who was not a party; accordingly the appeal was dismissed in part, the order as to the non‑party was varied, and costs awarded to TNB's opponent.