TENAGA NASIONAL BERHAD vs PERWAJA STEEL SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 MarsdenLR 1793

COURT OF APPEAL, PUTRAJAYA
TENAGA NASIONAL BERHAD – Appellant
Versus
PERWAJA STEEL SDN BHD – Respondent

Table of Content
1. jurisdiction of surcharge on late payments. (Para 1 , 2 , 3 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. right to impose surcharge for late payment (Para 4)
3. factual context of electricity supply and contract (Para 13)
4. contractual obligations regarding amendments in law. (Para 14 , 17 , 18 , 19 , 20)
5. impact of repealed law on existing contracts. (Para 15 , 21 , 22)
6. contractual obligation under repealed laws (Para 16)
7. interpretation of amendments in law (Para 23 , 24 , 25)
8. disposal of case by agreement on point of law. (Para 26 , 27 , 28 , 29)
9. doctrine of estoppel in legal proceedings. (Para 30 , 31 , 32)

[1] In this appeal, the appellant was the plaintiff. The parties will be referred to as they appear in the court below.

[2] In the High court, the plaintiff's claim was for RM9,734,247.87 being penalty or surcharge for late payment of electricity charges. Upon agreement of the parties, the judge ordered the case to be determined based on submissions of parties and dispensed with the requirement of calling witnesses.

[3] The sole question before the court was whether the plaintiff has the right to impose a surcharge for late payment under s 26A of the Electricity S

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2012 MarsdenLR 1793

COURT OF APPEAL, PUTRAJAYATENAGA NASIONAL BERHAD – AppellantVersusPERWAJA STEEL SDN BHD – Respondent

Cases Referred (2)

COURT OF APPEAL, PUTRAJAYA
TENAGA NASIONAL BERHAD – Appellant
Versus
PERWAJA STEEL SDN BHD – Respondent