Malaysia Case Law

31 Oct 2022

PERBADANAN STADIUM MALAYSIA MILESTONE PRODUCTION SDN BHD

Citation

BB-A71NCvC-237-04/2021 (Mahkamah Majistret)

Court

Magistrates' Court

Case number

BB-A71NCvC-237-04/2021 (Mahkamah Majistret)

On the balance of probabilities the Plaintiff proved the debt via the rental agreement, invoice dated 16/4/2015, meter readings, credit note and payment vouchers; the court held the cause of action accrued on issuance of the invoice on 16/4/2015 so the action filed 13/4/2021 was within the six‑year limitation period; discrepancies over meter readings were insufficiently proved by Defendant and lacking expert evidence; the contract was treated as complete for salient terms. Therefore Defendant liable to pay RM 53,622.95 and claim allowed with costs on scale.

• Breach of contract
• Utility charges (electricity)
• Limitation act 1953 s.6(1)
• Admission and invoice as cause of action
• Meter reading disputes
• Costs

Rajah Ramachandran

Citation

Rajah Ramachandran

Court

Malaysian court

The court held the disconnection was unjustified and oppressive because the defendant failed to provide a satisfactory explanation for the alleged meter reading error and had available less drastic alternatives under s49(1); accordingly the plaintiff was entitled to the mandatory relief sought (reconnection and costs).

• Disconnection of utility services
• Exercise of statutory discretion
• Interim mandatory injunction
• Meter reading disputes