Malaysia Case Law: Decisions & Judgments

Topic

Calculation of quantum

Legal area

Court

26 Jul 2024

TENAGA NASIONAL BERHAD HONG YEE CHEK

Citation

CA-A52NCvC-42-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A52NCvC-42-07/2022 (Mahkamah Sesyen)

Court accepted TNB's evidence that electricity was supplied to the premise direct from the feeder pillar bypassing the meter, found that under s.38 TNB is entitled to recover loss without proving who tampered the meter, and held TNB proved quantum on balance of probabilities using its guideline and indices; defendant failed to rebut the calculation, therefore claim allowed.
15 Aug 2023

TAN NGEE HIONG TENAGA NASIONAL BERHAD

Citation

BA-11BNCvC-25-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-11BNCvC-25-08/2022 (Mahkamah Tinggi)

The magistrate's finding was plainly wrong because TNB failed to establish on the balance of probabilities that the defendant committed the tampering or that the claimed period (from 29.5.2018) applied to him; TNB did not produce the required written statement under s38(4) or adequately explain the backbilling calculation; the recoverable loss was limited to the period the defendant occupied the premises (18.7.2018–20.8.2018) resulting in RM11,671.45, and costs of RM5,000 were awarded to the defendant.
31 Mar 2022

PEARL AMRIN SDN. BHD. 1. ) XXXX 2. ) Rizam Bin Sahar

Citation

JA-22NCvC-18-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-18-02/2018 (Mahkamah Tinggi)

Defendant's counter-claim succeeded on quantum because the Defendant proved with credible documentary evidence (weighing slips and accounts) (i) unpaid sums for sand extracted, (ii) loss from Plaintiff's failure to meet the contractual minimum extraction, and (iii) excess extraction unaccounted for; acceptance of lesser payments did not waive the contractual obligation to meet the guaranteed minimum; deposit retained was properly set off against the awarded damages.
22 Sept 2021

JITU KONSULT SDN. BHD. TENAGA NASIONAL BERHAD

Citation

BA-12BNCvC-74-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-74-12/2020 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court's factual findings that meter tampering occurred based on consistent witness testimony and documentary evidence, and held that the respondent was entitled under Section 38(3) of the Electricity Supply Act 1990 and Energy Commission guidelines (para 5.3.2) to calculate backbilling up to five years from date of supply/detection; the appellant failed to rebut the prima facie evidence on quantum or impeach the calibration/readings sufficiently, therefore the appeal was dismissed with costs.

Malaysia Case Law

TENAGA NASIONAL BERHAD HONG YEE CHEK

TAN NGEE HIONG TENAGA NASIONAL BERHAD

PEARL AMRIN SDN. BHD. 1. ) XXXX 2. ) Rizam Bin Sahar

JITU KONSULT SDN. BHD. TENAGA NASIONAL BERHAD