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2016 MarsdenLR 113

FEDERAL COURT PUTRAJAYA
TENAGA NASIONAL BHD – Appellant
Versus
BANDAR NUSAJAYA DEVELOPMENT SDN BHD – Respondent


Table of Content
1. power of the state authority as quasi-judicial. (Para 1 , 2 , 38)
2. procedure of appeals under the electricity supply act. (Para 3 , 8 , 18)
3. finality of decisions under the act. (Para 20 , 21)
4. duties of the decision-maker in appeals. (Para 36 , 60)
5. jurisdiction limits of the state authority. (Para 89 , 90)
Zainun Ali FCJ:

[1] This is a unanimous decision and this judgment is prepared and delivered pursuant to s 78(1) of the Courts of Judicature Act 1964 , as our learned brother, Justice Abdull Hamid Embong FCJ has since retired.

Questions Of Law

[2] The appellant/applicant was granted leave to appeal to this court on 8 October 2014 on the following questions of law:

(i) Whether the word 'final' in s 16(2) of the Electricity Supply Act 1990 prevents the State Authority from reconsidering, reviewing or revising its earlier decision?

(ii) Whether the word 'final' in s 16(2) applies appropriately only to the party dissatisfied and not the decision-maker?

(iii) Whether it is permissible in law for the State Authority to revise its award on compensation after the same had been duly implemented in that the compensation sum stated therein had been duly paid to the lan

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