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HIGH COURT MALAYA PENANG
TENAGA NASIONAL BHD – Appellant
Versus
EE-LIAN PLASTIC INDUSTRIES (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. plaintiff's background and claims overview (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. evidence of tampering and inspection details (Para 8 , 9 , 10 , 12 , 13) |
| 3. key issues in the case identified (Para 16 , 17 , 18) |
| 4. classification of legal provisions (Para 19 , 21 , 22 , 23) |
| 5. court's determination on tampering issue (Para 26 , 29 , 30) |
| 6. potential offences identified (Para 31 , 32) |
| 7. legislative basis for revenue recovery (Para 33 , 34) |
| 8. conditions for recovery of loss of revenue (Para 45 , 46 , 47 , 48 , 50) |
| 9. final conclusion of the court (Para 53) |
[1] After a full trial of the matter, I had on 20 December 2012 dismissed the plaintiff's suit with costs. I now set out the complete grounds for my decision.
Background
[2] The plaintiff was a supplier of electric power as a licensee under the Electricity Supply Act 1990 ( ESA ).
[3] The defendant was a consumer of electricity that was supplied by the plaintiff under an Account No. 0231-00280097-09 at the defendant's industrial premises located at Plot 137 @ Lorong Perindustrian Bukit Minyak 11, Bukit Minyak Industrial Park, 1400 Bukit Mertajam, Pulau Pinang (defendant's premises).
[4] In this action, the plaintiff sought to r
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