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2014 MarsdenLR 1078

COURT OF APPEAL PUTRAJAYA
TENAGA NASIONAL BERHAD – Appellant
Versus
AWP ENTERPRISE (M) SDN BHD – Respondent


Table of Content
1. background of the plaintiff's claim. (Para 1 , 2 , 4)
2. court's decision and order. (Para 3)
3. defendant's arguments against liability. (Para 5 , 6 , 7)
4. court's reasoning and observations on evidence. (Para 8)

[1] On 21 February 2011, the High Court dismissed the claim by the plaintiff Tenaga Nasional Berhad ("the appellant") against the defendant AWP Enterprise (M) Sdn Bhd ("the respondent").

[2] The respondent is the registered user of the account 0-12100512670 for the supply of electricity to its premises at Lot 9672, Jalan Desa Aman 13, Batu 11, Jalan Kuala Selangor, 47000 Desa Aman Sungai Buloh, Selangor Darul Ehsan.

[3] Having heard the parties, this Court allowed the appeal, entered judgment for the appellant in terms of the prayers (a) and (b) at para 16 of its statement of claim with costs fixed at RM30,000.00 here and below.

Brief Facts

[4] The appellant's claim arose out of the discovery upon an inspection conducted at 11.10pm on 15 May 2008 that the meter had been tampered with. The inspection was conducted in the presence of the respondent. It was found that as a result of the tampering, the meter failed to record the correct usage of electricity. The m

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