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2025 MarsdenLR 2169

HIGH COURT MALAYA KLANG
TENAGA NASIONAL BERHAD – Appellant
Versus
VISION CRAFT ENTERPRISE SDN BHD – Respondent


Petitioner Advocates:Wafiy Azman,Wardah Yumna Yunus,Ahmad Iqbal Rohaizan ,Respondent Advocate: Lai Chee Meng,Joyce Chew Hooi Ying

Table of Content
1. provision of electricity and allegations of meter tampering. (Para 1 , 2 , 3 , 4 , 5 , 6 , 9 , 10 , 11 , 12)
2. burden of proof and evidentiary considerations for claims. (Para 14 , 16 , 17 , 18 , 19 , 21)
3. liability for meter tampering and failure of proof. (Para 15 , 20)
Shamsulbahri Ibrahim J:

Introduction

[1] For ease of reference of this appeal, the Appellant and Respondent will be referred to as "TNB" and "Vision Craft" respectively.

[2] This is an appeal filed by TNB against the decision of the Sessions Court Judge ("SCJ") on 29 July 2024 in dismissing TNB's claim against Vision Craft with costs.

[3] As a brief background, Vision Craft had applied for and TNB had agreed to provide the supply of electricity to Vision Craft's factory at No 6504-Q, Jalan Kapar Batu 5¾, Kawasan Perindustrian Ladang Sg Puluh, Klang ("Factory").

[4] Arising from the supply of electricity to the Factory, an account No 0140 0080 6648 was opened under Vision Craft's name from which the monthly and current bills are issued by TNB. The electricity consumption is recorded through a smart meter ("Meter") installed by TNB at the Factory.

[5] On 6 January 2025, TNB via its staff/officers conduc

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