21 Dec 2023
TENAGA NASIONAL BERHAD BIG MAN MANAGEMENT SDN BHD
- Citation
- J-02(NCvC)(W)-1948-10/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-1948-10/2019 (Mahkamah Rayuan)
The Court of Appeal held that (1) the High Court erred in upholding the preliminary Browne v Dunn objection and should have assessed all evidence on meter tampering; (2) the TNB inspection evidence established that meters had been tampered with on the inspected dates but under the Mayaria principle a tampering offence that has been rectified ceases to justify a later disconnection under s.38(1); (3) repeated tampering only permits fresh disconnection if new tampering is discovered and remains unrectified at the time of disconnection; (4) the respondent failed to strictly prove the claimed spe…