Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Consumer protection

Legal area

Court

4 Jan 2022

TENAGA NASIONAL BERHAD 1. CHEW THAI KAY 2. KIAN KUANG COLDSTORAGE TRADING SDN BHD

Citation

02(i)-28-07/2020 (A) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-28-07/2020 (A) (Mahkamah Persekutuan)

Amended s38(1) does not permit TNB to disconnect supply once the impugned meter has been rectified and the offence under s37 is no longer extant; s38(4)’s prima facie written statement regime does not compel pre-disconnection and may operate where there was disconnection, but absence of disconnection does not preclude issuing a written statement and pursuing civil recovery under s38(5).
24 Aug 2020

CIMB BANK BERHAD RODWIN V BAHADUR

Citation

WA-22NCC-723-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-723-12/2019 (Mahkamah Tinggi)

The court granted summary judgment because the plaintiff satisfied Order 14 prerequisites and produced an unrebutted certificate of indebtedness for RM1,423,489.00; the defendant failed to establish any triable issue or 'some other reason' for trial, had already litigated the same loan and charge in the 2018 action so res judicata and issue estoppel barred relitigation, and the defendant failed to dispute the demand; the counterclaim was an abuse of process and plainly unsustainable and therefore struck out.