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COURT OF APPEAL PUTRAJAYA
TENAGA NASIONAL BHD – Appellant
Versus
MAYARIA SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. validity of notices after meter replacement is questioned. (Para 1 , 9 , 10 , 21) |
| 2. jurisdiction and statutory context establish meter tampering as a violation. (Para 4 , 5 , 6) |
| 3. claims for payments based on prior demands are scrutinized for legality. (Para 17 , 18 , 26 , 27) |
| 4. interpretation of disconnection power is critical to prevent unjust penalties. (Para 25 , 38 , 46) |
| 5. interpretive clarity concerning disconnection powers of utility providers. (Para 29 , 30 , 31 , 34) |
[1] This is an appeal against the decision of the learned judicial commissioner ('JC') of the High Court at Kuala Lumpur delivered on 29 May 2015, allowing the plaintiffs' claim with costs of RM15,000 and dismissing the defendant's counterclaim with no order as to costs.
Background Facts
[2] For ease of reference, parties will be referred to as they were in proceedings before the High Court.
[3] A summary of the background facts is derived primarily from the learned JC's 'Grounds of Judgment'.
[4] Tenaga Nasional Bhd ('TNB'), the defendant in this action, is the sole provider of electricity in Peninsular Malaysia. TNB is a licensee under the Electricity Supply Act 1990 ('the Act') with statutor
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