TNB Case Summary: Tenaga Nasional Bhd v Asia Knight Bhd [2017] 5 MLJ 681

Facts: In the Court of Appeal, TNB claimed against Asia Knight for loss of revenue due to meter tampering pursuant to s 38 of the Electricity Supply Act 1990. Physical evidence of tampering was discovered at the meter installation. Apparently, a foreign copper object was inserted as a by pass, this is backed by photographs.

At the lower court, TNB's claim was dismissed on the grounds that the TNB had failed to prove that the Asia Knight had actual access to the meter installation.

The issue therefore is whether TNB had succeeded in proving that the meter installation was tampered.

Decision: the appeal was allowed with costs.

Principle(s) held:

(1) Based on the appeal record, there was uncontroverted evidence to show that the meter installation had been tampered. The discovery of the foreign copper object which was inserted in the meter was a proof. It was a serious misdirection by the judge.

(2) Pursuant to s 38(3) of the Act, TNB was not required to prove who is the perpetrator of the tampering. It is therefore irrelevant whether Asia Knight had access to the meter installation.

(3) The sudden drop in electricity consumption of 71%, the average consumption method of computation was a fair, acceptable and reasonable method to be employed in calculating the loss.

(4) In accordance with s 38(4) of the Act, the Written Statement specifying the amount of expenses incurred by the TNB should be accepted on face value as evidence of payment. As there is no rebuttal against the Written Statement, the amount is deemed accepted and proven.