JUDGMENT

Augustine Paul FCJ:

[1] The facts of the case have been sufficiently dealt with in the judgment of my learned brother James Foong FCJ and it is superfluous for me to repeat them.

[2] The appellants had been granted leave to appeal to the Federal Court on eight questions of law. They are as follows:

(1) Whether s. 13 of the Electricity Supply Act 1990 ("the Act") is subject to the implied limitation that not all manner of upgrading works may be carried out by Tenaga Nasional Bhd. on existing installations under that provision?

(2) Whether s. 13 of the Act is subject to a qualitative assessment of the type of upgrading works intended to be carried out on existing installations so that 'major' works are to be excluded?

(3) Whether the determination of whether the works are 'major' or not is suitable for decision by a court of law as opposed to the public body in whose technical judgment Parliament has reposed the carrying out of upgrading works?

(4) Whether s. 13 of the Act is limited in application to only upgrading works in the nature of repairs and maintenance?

(5) Whether the public purpose factor necessitates that s. 13 of the Act be read purposefully in order tha