Malaysia Case Law: Decisions & Judgments

Topic

Wrongful disconnection

Legal area

Court

7 Jul 2025

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

Citation

02(f)-16-05/2024(J) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-16-05/2024(J) (Mahkamah Persekutuan)

The Federal Court held that Big Man discharged its burden to prove special damages on a balance of probabilities by adducing coherent documentary and oral evidence; TNB breached its statutory duty in unlawfully disconnecting supply and, by virtue of its monopolistic public function and deliberate conduct, was liable to exemplary damages which are awarded as RM100,000; the Court of Appeal's reversal on damages and costs was set aside.
21 Dec 2023

TENAGA NASIONAL BERHAD BIG MAN MANAGEMENT SDN BHD

Citation

J-02(NCvC)(W)-1948-10/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

J-02(NCvC)(W)-1948-10/2019 (Mahkamah Rayuan)

The Court of Appeal held that (1) the High Court erred in upholding the preliminary Browne v Dunn objection and should have assessed all evidence on meter tampering; (2) the TNB inspection evidence established that meters had been tampered with on the inspected dates but under the Mayaria principle a tampering offence that has been rectified ceases to justify a later disconnection under s.38(1); (3) repeated tampering only permits fresh disconnection if new tampering is discovered and remains unrectified at the time of disconnection; (4) the respondent failed to strictly prove the claimed spe…
9 Nov 2021

KARUN KLASIK SDN BHD TENAGA NASIONAL BERHAD

Citation

W-02(IM)(NCC)-609-05/2020 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-609-05/2020 (Mahkamah Rayuan)

High Court judge erred in rejecting unchallenged primary oral and documentary evidence of destroyed processed stock and in focusing on cost of raw materials; correct measure is market value/loss of profit recoverable for destroyed processed goods; Appellant proved loss; deduction of 20% for failure to mitigate is appropriate; award for wages limited to 13 days; general damages increased from nominal sum.
30 Sept 2019

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

Citation

JA-22NCVC-138-07/2016 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-138-07/2016 (Mahkamah Tinggi)

The court held the Defendant abandoned its tampering defence by failing to put its case to Plaintiff's witnesses; under binding Federal Court authority (Mayaria) once alleged tampering was rectified the statutory purpose for disconnection under s.38 no longer existed, so the two disconnections were unlawful; Plaintiff entitled to compensatory, exemplary, defamation and trespass damages and declaratory relief; Defendant liable for disclosure to third party.

Malaysia Case Law

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

TENAGA NASIONAL BERHAD BIG MAN MANAGEMENT SDN BHD

KARUN KLASIK SDN BHD TENAGA NASIONAL BERHAD

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD