Introduction

[1] This appeal arises from the dismissal of both the plaintiff's and the defendant's claims in the High Court of Malaya at Kuala Lumpur, after a full trial.

[2] The defendant is the appellant and the plaintiff the respondent in this appeal.

[3] In the course of hearing this appeal, we were constrained to deal substantively with the appeal lodged by the defendant, ie the appellant, relating to the dismissal of its counterclaim in the Court below, notwithstanding that the substance of the trial in the High Court dealt with the respondent's, ie the plaintiff's claim for monies owed to it as a consequence of the unlawful consumption or abstraction of electricity.

[4] The appellant will be referred to as the defendant and the respondent as the plaintiff in this appeal.

[5] After the decision of the High Court had been handed down on 16 March 2015, the defendant filed an appeal challenging the dec