SAMPO MATERIALS (M) SDN BHD vs TENAGA NASIONAL BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1939

COURT OF APPEAL PUTRAJAYA
SAMPO MATERIALS (M) SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent

Table of Content
1. the factual basis of the case arises from undercharged electricity supply. (Para 1 , 3 , 4 , 5 , 6 , 10)
2. the limitation period for claims is crucial in assessing the validity of an action. (Para 15 , 19 , 20)
3. the principle of burden of proof dictates the necessity for primary evidence. (Para 30 , 38 , 43)
4. outcome based on failure to prove claims leads to appeal success. (Para 72 , 74)

Alizatul Khair Osman Khairuddin JCA:

[1] This is an appeal by the appellant (the defendant in the court below) against the decision of the learned High court Judge sitting in Seremban who had allowed the respondent's (the plaintiff in the court below) claim with costs

[2] The parties in this appeal will be referred to in their original capacity in the High court

Background

[3] The claim of the plaintiff, Tenaga Nasional Berhad, against the defendant, Sampo Materials (M) Sdn Bhd, was for the undercharged bill of electricity consumption which it alleged failed to be recorded accurately and/or correctly for the period between 20 December 2000 until 15 December 2002 amounting to the sum of RM340,002.72

[4] Vide an Electricity Power Supply Agreement dated 20 June 1997 ("the said agreemen

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2015 MarsdenLR 1939

COURT OF APPEAL PUTRAJAYASAMPO MATERIALS (M) SDN BHD – AppellantVersusTENAGA NASIONAL BERHAD – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
SAMPO MATERIALS (M) SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent