CHEAH YEW HOCK v TENAGA NASIONAL BERHAD

wa-12bncvc-85-06-2023 High Court (Mahkamah Tinggi) 2 February 2025 • WA-12BNCvC-85-06/2023

Catchwords

Subject Matter: Electricity supply dispute. Statutory recovery. Objective evaluation of evidence. This appeal concerned a statutory claim under section 38(3) of the Electricity Supply Act 1990 by Tenaga Nasional Berhad for alleged meter tampering at a fish pond premises. The appeal was allowed. It was found that the Sessions Court misdirected itself by relying on inadmissible hearsay, uncorroborated e-CIBS records and unclear photographs. The plaintiff failed to prove the defendant was the registered consumer or had any connection to the inspected premises. The liability for revenue loss requires credible proof of consumer status. The Sessions Court’s judgment was set aside and the claim dismissed.

Practice Areas

Public Utilities Evidence

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

TENAGA NASIONAL BERHAD Respondent Cheah Yew Hock Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-85-06-2023)