Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory claim under electricity supply act 1990

Legal area

Court

23 Jun 2024

TENAGA NASIONAL BERHAD WONG CHEE CHEAN

Citation

JC-A72NCvC-96-11/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JC-A72NCvC-96-11/2021 (Mahkamah Majistret)

Court found on the balance of probabilities that the meter at the premises was tampered with (supported by seized wires, photographs and witness testimony), that the defendant's identity and application were sufficiently proven by the TNB application documents and witness identification, and that the plaintiff's certified written loss calculations qualified as prima facie evidence under s38(4) ESA 1990 which the defendant failed to rebut; accordingly plaintiff entitled to recover RM23,744.95 (Case 96) and RM69,785.10 (Case 70) with interest and costs.
30 May 2021

Tenaga Nasional Berhad (No. Syarikat: 200866-W (Lama)/199001009294 (Baru)) QL Endau Marine Products Sdn Bhd (No. Syarikat: 16212-D)

Citation

JA-22NCvC-25-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-25-02/2020 (Mahkamah Tinggi)

The court held the instant suit was a re-litigation of matters sufficiently ventilated and determined in the earlier injunction suit; the claim for loss of revenue could and should have been raised there and the separate action therefore violated res judicata (in its wider sense) and constituted an abuse of court process. Accordingly the claim was struck out under Order 18 r.19 and was a suitable matter for determination under Order 14A without full trial.