Introduction

[1] This appeal is against the decision of the learned Judicial Commissioner ('JC') of the High Court in dismissing the appellant's claim for damages against the 1st and 2nd respondents for negligence and for breach of contract against the 2nd respondent. For convenience, the parties shall be referred to as they were in the High Court.

[2] We heard the appeal on 11 March 2015. After hearing the parties, we adjourned the matter for our consideration and decision. We now deliver our decision and the reasons for the same.

Background Facts

[3] The plaintiff operates a factory in Tanjong Malim, Perak producing calcium silicate bricks.

[4] Pursuant to a supply of electricity contract dated 1 March 1996 ("the supply contract"), the 2nd defendant, Tenaga Nasional Berhad, supplies electricity to the plaintiff. Prior to the supply contract, as required by the 2nd defendant, the plaintiff constructed a power