Malaysia Case Law: Decisions & Judgments

Topic

Electricity theft

Legal area

Court

19 Jun 2025

Tenaga Nasional Berhad Quah Lian Wua

Citation

BA-12BNCvC-61-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-61-09/2024 (Mahkamah Tinggi)

The appeal was dismissed because TNB failed to prove, on the balance of probabilities, that meter tampering occurred attributable to the Respondent; key witnesses conceded the meter was sealed and operating and the alleged bypassing wiring was on TNB's infrastructure outside the Respondent's control, and the Sessions Court's findings on vacancy and quantum were supported by evidence and not plainly wrong.
19 Feb 2024

TENAGA NASIONAL BERHAD MOTIF BAIDURI SDN BHD

Citation

WA-12BNCvC-62-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-62-04/2023 (Mahkamah Tinggi)

TNB proved on balance of probabilities that the meter was tampered with by Motif by combination of physical evidence (photographs and inspection form), witness testimony and portable test readings showing sudden drop and restoration of consumption; portable checks and post-rectification short-term averages are acceptable methods to estimate lost consumption where precise re-measurement is impossible and the Energy Commission guidelines are advisory; therefore appeal allowed and award entered for TNB.
18 Dec 2023

1. ) SIAW YEN JAK 2. ) SIAW LEE YEN 1. ) YOONG WAI KWONG 2. ) ERLIANA BINTI ROSLAN 3. ) YOONG WAI SAM 4. ) YOONG WAI KEN

Citation

NA-12B-5-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12B-5-03/2023 (Mahkamah Tinggi)

Under s38(3) Electricity Supply Act 1990 and binding authority, liability for loss due to meter tampering is imposed on the registered consumer/account holder at the time the offence is discovered; Premier Harvest was the registered consumer at the relevant time and failed to prove on the balance of probabilities that the registered owners (third parties) or occupiers were responsible, therefore the appeals are dismissed and the decisions of the Sessions Court are affirmed.

Malaysia Case Law

Tenaga Nasional Berhad Quah Lian Wua

TENAGA NASIONAL BERHAD MOTIF BAIDURI SDN BHD

1. ) SIAW YEN JAK 2. ) SIAW LEE YEN 1. ) YOONG WAI KWONG 2. ) ERLIANA BINTI ROSLAN 3. ) YOONG WAI SAM 4. ) YOONG WAI KEN