Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Estimation of damages

Legal area

Court

24 Aug 2020

ENGTEX INDUSTRIES SDN BHD [NO. SYARIKAT : 393288-T] TENAGA NASIONAL BERHAD [NO. SYARIKAT : 200866-W]

Citation

JA-12BNCvC-22-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-22-09/2019 (Mahkamah Tinggi)

The learned Sessions Court had correctly found meter-tampering on balance of probabilities based on witness evidence and documents; plaintiff was not required to prove the identity of the tamperer; the certified computation and demand (P8 and P9) complied with s38(4)-(5) and constituted prima facie evidence of the amount payable; defendant failed to rebut that prima facie case and also failed to prove its counterclaim; appeal dismissed with costs.
3 Aug 2020

A-PACK PLASTIC INDUSTRIES SDN BHD TENAGA NASIONAL BERHAD

Citation

JA-12BNCvC-32-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-32-12/2019 (Mahkamah Tinggi)

The appeal was dismissed because the court found on the balance of probabilities that tampering was established on the inspection date (16 June 2011), the cause of action was statutory and accrued on that date so limitation did not bar the claim, the s38(4) certified written statement (exhibit P13) constituted prima facie evidence of the amount due which the defendant failed to rebut, estimation of loss was reasonable and permissible, the Weights and Measures Act did not apply to the ammeter used for tampering detection, and the trial judge properly assessed and rejected the defendant's exper…