7 Jul 2025
BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD
- Citation
- 02(f)-16-05/2024(J) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-16-05/2024(J) (Mahkamah Persekutuan)
The Court held that special damages were proved on a balance of probabilities and the phrase 'strictly proved' does not impose a higher evidentiary standard; TNB unlawfully disconnected supply in breach of its statutory duty under the ESA and, given its monopolistic/statutory position and the mala fide nature of the disconnections, exemplary damages are available in rare cases against such a body; accordingly the High Court special damages awards were reinstated and exemplary damages awarded as a punitive measure.