BIG MAN MANAGEMENT SDN BHD v TENAGA NASIONAL BERHAD

02f-16-05-2024j Federal Court (Mahkamah Persekutuan) 6 July 2025 • 02(f)-16-05/2024(J) • 74 min read
23 cases cited (1 SG, 22 foreign)

Catchwords

Court of Appeal's failure to award damages despite finding of liability deliberate disconnection of electricity supply after rectification of meter tampering special damages the evidential approach to be taken in relation to the proof of special damages exemplary damages whether exemplary damages are claimable in a claim for breach of contract refusal to expand law on exemplary damages special position of TNB as sole supplier of electricity for Peninsular Malaysia TNB's monopoly on the supply of electricity the effect of a failure to appeal against dismissal of claim for general damages the award of costs to the liable party the award of costs is at the discretion of court

Practice Areas

Court of Appeal's failure to award damages despite finding of liability deliberate disconnection of electricity supply after rectification of meter tampering special damages the evidential approach to be taken in relation to the proof of special damages exemplary damages whether exemplary damages are claimable in a claim for breach of contract refusal to expand law on exemplary damages special position of TNB as sole supplier of electricity for Peninsular Malaysia TNB's monopoly on the supply of electricity the effect of a failure to appeal against dismissal of claim for general damages the award of costs to the liable party the award of costs is at the discretion of court

Judges (3)

Hasnah binti Dato' Mohammed Hashim Coram Nallini Pathmanathan Delivered Rhodzariah binti Bujang Coram

Parties (2)

BIG MAN MANAGEMENT Sdn Bhd Appellant TENAGA NASIONAL BERHAD Respondent

Case Significance

BIG MAN MANAGEMENT SDN BHD v TENAGA NASIONAL BERHAD is a Federal Court (Mahkamah Persekutuan) decision dated July 6, 2025 (citation: 02f-16-05-2024j). <p>Big Man Management sued Tenaga Nasional Berhad (TNB) for wrongful disconnection of electricity to its ice-making factory after the company had rectified meter tampering issues. The Federal Court addressed the evidential approach for proving special damages and whether exemplary damages are claimable against TNB as a statutory monopoly supplier of electricity. The Court reinstated the High Court's special damages award and awarded RM100,000 in exemplary damages for TNB's oppressive conduct.</p The panel comprised Hasnah binti Dato' Mohammed Hashim, Nallini Pathmanathan and Rhodzariah binti Bujang, with Nallini Pathmanathan delivering the judgment.

Summary

Big Man Management sued Tenaga Nasional Berhad (TNB) for wrongful disconnection of electricity to its ice-making factory after the company had rectified meter tampering issues. The Federal Court addressed the evidential approach for proving special damages and whether exemplary damages are claimable against TNB as a statutory monopoly supplier of electricity. The Court reinstated the High Court's special damages award and awarded RM100,000 in exemplary damages for TNB's oppressive conduct.

What was the outcome of BIG MAN MANAGEMENT SDN BHD v TENAGA NASIONAL BERHAD?

<p>Big Man Management sued Tenaga Nasional Berhad (TNB) for wrongful disconnection of electricity to its ice-making factory after the company had rect...

Statutes Cited

Electricity Supply Act 1990
s 38
Evidence Act 1950
s 32(1)(b)
Evidence Act 1950 (Cap 56)
s 32(1)(b)
Federal Constitution
Rules of Court 2012

Cases Cited (23)

SG (1)
[2017] SGCA 26
UK (8)
[1964] AC 1129 [1972] AC 1027 [1974] 3 All ER 205 [1974] 3 WLR 256 [1974] Ch 269 [1993] QB 507 [1997] 2 All ER 782 [2001] UKHL 29
MY (14)
[1961] MLJ 17 [1983] 2 MLJ 324 [1985] 1 MLJ 153 [1985] 1 MLJ 30 [1985] 2 MLJ 22 [1986] 1 CLJ 347 [1992] 1 CLJ 36 [1993] 3 MLJ 352 [1994] 1 CLJ 19 [2009] 3 MLJ 525 [2015] 5 MLJ 1 [2019] 8 CLJ 786 [2021] 5 MLJ 937 [2022] 2 MLJ 25