Malaysia Case Law: Decisions & Judgments

Topic

Back-billing

Legal area

Court

30 Dec 2025

TENAGA NASIONAL BERHAD TEE KA HO

Citation

JD-A72NCvC-61-11/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JD-A72NCvC-61-11/2023 (Mahkamah Majistret)

Meter tampering at the defendant's premises was proven (corroborated by inspection, photographs, police report and the defendant's later admission); Plaintiff's loss calculation using the Energy Commission 'error method' and five-year back-billing under the EC Guidelines was a lawful, reasonable and supported estimation; Plaintiff discharged its burden and defendant failed to rebut the estimate, therefore judgment for RM24,578.60 with costs and interest is warranted.
28 May 2025

Tenaga Nasional Berhad NG JUN FOH

Citation

JD-A72NCvC-32-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JD-A72NCvC-32-04/2022 (Mahkamah Majistret)

On the balance of probabilities the court found the meter installation at the Defendant's premises had been tampered with; the Plaintiff's use of the Energy Commission 'error method' and five-year back-billing was lawful and reasonable, the calculated loss of RM52,441.10 was properly quantified and not time-barred, and judgment was entered for the Plaintiff with costs and interest as pleaded.
3 Oct 2024

NETFLIX SDN BHD UNITED INDUSTRIES SDN BHD

Citation

BA-12BNCvC-19-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-19-04/2024 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the parties had admitted facts including agreement on methodology to recalculate consumption (so no further proof of sub‑meter readings was required under s58 Evidence Act 1950); the communications between representatives were binding by virtue of apparent/implied authority and Turquand rule; negotiations and admissions revived the claim such that limitation did not bar the action under Limitation Act s26(2). Therefore the Sessions Court's judgment for the Respondent was correct and the appeal is dismissed.
4 Mar 2024

TENAGA NASIONAL BERHAD ICE MAN SDN. BHD.

Citation

JA-22NCvC-38-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-38-03/2018 (Mahkamah Tinggi)

Court accepted evidence that tampering occurred but held Plaintiff failed to prove quantum because statutory written statements under s38(4) were defective (not duly certified and lacking particulars), Plaintiff did not plead statutory causes (s37/s38) or unjust enrichment, the claim was time‑barred under Limitation Act and tainted by laches and res judicata/abuse of process; accordingly claim for RM2,346,906.87 dismissed despite finding of tampering.
21 Sept 2023

PROTEE DEVELOPMENT SDN BHD 1. ) TENAGA NASIONAL BERHAD 2. ) LOW THIAM ANN

Citation

CB-12BNCvC-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12BNCvC-1-01/2023 (Mahkamah Tinggi)

Trial judge’s factual findings that interference existed at the pre‑meter connections were supported by inspection evidence and photographs and were not effectively rebutted; under ss38 and 40 of the Electricity Supply Act 1990 TNB’s certified written statement and computation constituted prima facie evidence of loss and the registered consumer remained liable despite leasing the premises; therefore the Sessions Court judgment and the back‑billing of RM348,677.40 are upheld and the appeal is dismissed.
26 Jul 2023

LEE HENG PUI TENAGA NASIONAL BERHAD

Citation

BA-12B-32-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-32-04/2023 (Mahkamah Tinggi)

The High Court on appeal found the Sessions Court erred in its judicial appreciation of the evidence by over‑relying on plaintiff witnesses and accepting the 130Amp figure without adequately resolving contradictions and hearsay issues; the defendant’s alternative back‑billing computation based on the contracted maximum demand (80Amp) was credible and produced RM53,883.46; accordingly the appellate court set aside the Sessions Court’s assessment of quantum and substituted judgment for RM53,883.46 with interest and costs as ordered.
29 Sept 2019

TENAGA NASIONAL BERHAD L & A PACKAGING SDN BHD

Citation

JA-22NCVC-257-12/2017 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-257-12/2017 (Mahkamah Tinggi)

Once tampering of the meter is proven, the Plaintiff is statutorily entitled to claim loss of revenue under s.38(3)-(5) ESA 1990; a certified written statement under s.38(4) creates a prima facie evidential burden on the Defendant to rebut the claimed amount, and failure to do so results in judgment for the Plaintiff for the computed loss and costs.
1 Jan 1900

LOW FONG CHUAN (NO. K/P: 841029-07-5257) … TENAGA NASIONAL BERHAD (NO. SYARIKAT: 200866-W) …

Citation

PA-12BNCvC-6-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCvC-6-02/2020 (Mahkamah Tinggi)

The High Court upheld the Sessions Court finding that the meter had been tampered with based on corroborating physical evidence (broken/missing seals and photographs), indicative clamp meter readings showing current while the meter registered zero for the red phase, and discovery of an open link at S1/S2; the separate accuracy tests post‑rectification validated the replacement meter and the pro‑rated back‑billing computation was reasonable, so the appeal failed.