Malaysia Case Law: Decisions & Judgments

Topic

Quantum of loss

Legal area

Court

23 Sept 2025

LIEW AH HOCK 1. ) TENAGA NASIONAL BERHAD 2. ) SIAH KWEE KHIM

Citation

JA-11BNCvC-13-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-11BNCvC-13-08/2024 (Mahkamah Tinggi)

TNB proved meter tampering and the quantum assessed under the five-year guideline was supported by technical evidence and is upheld; however First Respondent failed to discharge the burden under ss.101-102 Evidence Act 1950 to show appellant caused or was legally liable for the tampering, so the Majistret erred in transferring full liability to the appellant; appeal allowed in part limited to issue of third‑party liability, lower court findings on tampering and quantum against First Respondent upheld.
19 Jun 2025

Tenaga Nasional Berhad Quah Lian Wua

Citation

BA-12BNCvC-61-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-61-09/2024 (Mahkamah Tinggi)

The appeal was dismissed because TNB failed to prove, on the balance of probabilities, that meter tampering occurred attributable to the Respondent; key witnesses conceded the meter was sealed and operating and the alleged bypassing wiring was on TNB's infrastructure outside the Respondent's control, and the Sessions Court's findings on vacancy and quantum were supported by evidence and not plainly wrong.
8 Mar 2024

Tenaga Nasional Berhad Chen Jin Quan

Citation

WA-A72NCvC-5301-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-5301-12/2022 (Mahkamah Majistret)

On the balance of probabilities the court found plaintiff proved the defendant made the application and was the registered account holder, the defendant failed to prove signature forgery or identity misuse, inspection evidence established meter tampering and understatement of consumption, and the plaintiff proved loss of RM26,045.10; accordingly judgment entered for plaintiff with interest and costs.
26 Jul 2023

LEE HENG PUI TENAGA NASIONAL BERHAD

Citation

BA-12B-32-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-32-04/2023 (Mahkamah Tinggi)

The appeal was allowed in part because the trial judge failed to properly resolve conflicts in evidence and to give sufficient weight to the defendant's alternative computation and evidentiary objections; on full consideration the court accepted the defendant's alternative back-billing calculation based on contracted demand (80Amp) producing RM53,883.46 and adjusted the judgment accordingly, awarding that sum with 5% interest and appeal costs of RM6,000.
6 Jul 2022

Lai Kam Seong Tenaga Nasional Berhad

Citation

BA-12BNCvC- 6-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC- 6-03/2022 (Mahkamah Tinggi)

Liability for meter tampering was established against the account holder once tampering was proved; however quantum must be confined to the period supported on the balance of probabilities (here November 2017 to 4 October 2018). A s38(4) certificate is prima facie evidence but not conclusive; TNB must still prove quantum and may be rebutted by contemporaneous documentary and oral evidence. Estoppel does not bar TNB's statutory s38 claim.

Malaysia Case Law

LIEW AH HOCK 1. ) TENAGA NASIONAL BERHAD 2. ) SIAH KWEE KHIM

Tenaga Nasional Berhad Quah Lian Wua

Tenaga Nasional Berhad Chen Jin Quan

LEE HENG PUI TENAGA NASIONAL BERHAD

Lai Kam Seong Tenaga Nasional Berhad