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HIGH COURT MALAYA SHAH ALAM
GREENERY PARTNERS & NETWORKS SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent
| Table of Content |
|---|
| 1. overview of parties involved and premises (Para 1 , 2 , 3 , 4 , 5) |
| 2. proof of tampering evidenced by inspection (Para 7 , 9 , 11) |
| 3. arguments on the evaluation of evidence (Para 12 , 22 , 24) |
| 4. section 38(4) evidential advantages (Para 29 , 30 , 33) |
| 5. conclusion on judgment adjustment (Para 46) |
Introduction
[1] The Appellant (Defendant) has appealed to this Court against the decision of the Sessions Court to allow the Respondent (Plaintiff)'s statutory claim for RM156,244.95 in lost revenue for unrecorded electricity usage due to tampering of the meter installation under ss 38(3) and (4) of the Electricity Supply Act 1990 (" ESA ").
[2] The Respondent is a licensee under the ESA and the Appellant is the registered customer with an account for electricity consumption through the subject meter installed at Unit No 27-1, Jalan Hillpark 11/4, Pusat Perdagangan Hillpark, 42300 Puncak Alam, Selangor ("Premises").
[3] The Premises comprised a double-storey shophouse. According to the pleaded case, the tampering was discovered during an inspection of the meter installation at the Premises on 23 January 2019 ("Inspection").
[4] The Appellant admit
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