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…
- Meter tampering
- Statutory claim for loss of revenue under s38 electricity supply act
- Prima facie statutory evidence (s38(4))
- Limitation and accrual of cause of action
- Exclusion and weight of expert opinion
- Calibration/verification of instruments