Malaysia Case Law

19 Jun 2025

GOH LI KIANG TENAGA NASIONAL BERHAD

Citation

BA-12BNCvC-9-03/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-12BNCvC-9-03/2024 (Mahkamah Tinggi)

Setting aside the default judgment removed the legal basis for liability admitted in the undertaking; because TNB withdrew its substantive claim and did not prove meter tampering on the balance of probabilities for the disputed period (which included a documented unoccupied period), the undertaking ceased to have effect, payments made under it must be refunded, and disconnection after meter rectification was unlawful; exemplary damages and costs were justified.

• Meter tampering
• Setting aside default judgment
• Admission and undertaking (surat akujanji)
• Disconnection of supply
• Recovery of loss of revenue
• Exemplary damages

8 Sept 2021

1. ) Tenaga Nasional Berhad (TNB) 2. ) Tetangga Bahagia Sdn Bhd 3. ) Megahock Pipes & Profile Manufacturing Sdn Bhd 1. ) Evergrowth Aquaculture Sdn Bhd 2. ) Tenaga Nasional Berhad (TNB)

Citation

02(f)-34-05/2018 (W), 02(f)-23-03/2020 (B), 02(f)-6-02/2021 (J), 02(f)-8-02/2021 (J) (Mahkamah Persekutuan)

Court

f

Case number

02(f)-34-05/2018 (W), 02(f)-23-03/2020 (B), 02(f)-6-02/2021 (J), 02(f)-8-02/2021 (J) (Mahkamah Persekutuan)

The court held that (1) a licensee’s entry and inspection under s38 read with Regulation 7 LSR 1990 are civil powers for enforcing recovery and are not subject to the Energy Commission’s investigatory powers under ss5-6 ESA 1990; (2) discovery of a metal clamp on a meter constitutes sufficient prima facie evidence of meter tampering for s38(1) and s38(3) purposes because it permits a reasonable and logical inference, although the inference remains rebuttable; (3) limitation for s38 claims runs from the date of discovery of the tampering; (4) where computation errors are alleged the court may…

• Meter tampering
• Disconnection of supply
• Entry and inspection powers
• Limitation period
• Back-billing and computation of loss
• Exemplary/aggravated damages

29 Jan 2021

SUM'S OTOMOBIL SB & 1 LAGI TENAGA NASIONAL BERHAD

Citation

NA-A52NCVC-15-03/2019 (Mahkamah Sesyen)

Court

Sessions Court

Case number

NA-A52NCVC-15-03/2019 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the inspector's evidence that the meter installation was tampered with, enabling TNB to claim lost revenue; however, because the meter had been replaced before disconnection and s.38 must be construed purposively (and as interpreted in Mayaria and QL Endau), TNB had no authority to disconnect supply after replacement, rendering the disconnection unlawful and justifying exemplary damages against TNB for acting beyond its statutory power.

• Meter tampering
• Disconnection of supply
• Retrospective billing
• Exemplary damages
• Costs

KAMALANATHAN PONNUMBALAN V. TENAGA NASIONAL BHD

Citation

KAMALANATHAN PONNUMBALAN V. TENAGA NASIONAL BHD

Court

Malaysian court

Section 30(1) did not bar the plaintiff's action; statutory requirement in s.32 that billing be based on meter readings was not complied with by the defendant; repeated disconnections and publication of arrears in spite of justified objections amounted to breach of contract and defamatory conduct, and exemplary damages were warranted for arbitrary and coercive conduct.

• Disconnection of supply
• Billing and meter reading
• Defamation
• Exemplary damages
• Administrative referral under s.30