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2014 MarsdenLR 869

COURT OF APPEAL PUTRAJAYA
SUMBANG PROJEKS SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent


Table of Content
1. prevention of unauthorized modification to electricity meters. (Para 1 , 2 , 3 , 10 , 11 , 13)
2. evidence of tampering through inspection details. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. judge's ruling on evidence admitted for tampering. (Para 20 , 22 , 23 , 26 , 27)
4. defendant's arguments regarding burden of proof. (Para 30 , 31 , 32)
5. importance of reliable method for calculating back-billing. (Para 52 , 54)
Lim Yee Lan JCA:

[1] We had earlier allowed the appeal of the appellant (defendant) and set aside the order of the High Court at Shah Alam dated 20 April 2012 which had awarded to the respondent (plaintiff) a sum of RM962,584.73 representing the respondent's loss of revenue caused by the appellant's tampering of the respondent's meter installation at its premises. We now give our reasons for our decision. For convenience we will refer to the appellant as the defendant and the respondent as the plaintiff or TNB in this judgment.

Brief Facts

[2] The defendant operates a plastic factory and is a customer of plaintiff. Plaintiff supplies electricity to the defendant at the defendant's premises pursuant to the terms and conditions of a contract for supply of electricity da

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