TENAGA NASIONAL BERHAD v. ICHI-BAN PLASTIC (M) SDN BHD & OTHER APPEALS

[2018] 3 MLRA 1

TENAGA NASIONAL BERHAD v. ICHI-BAN PLASTIC (M) SDN BHD & OTHER APPEALS
Federal Court, Putrajaya
Ahmad Maarop CJM, Hasan Lah, A Samah Nordin, Azahar Mohamed, Aziah Ali FCJJ
[Civil Appeals Nos: 02(f)-20-03-2015(P), 02(f)-63-10-2015(W), 02(f)-64-10- 2015(W), 02(f)-71-10-2015(W), 02(f)-83-11-2015(B) & 02(f)-86-11-2015(P)]
30 January 2018

JUDGMENT

[1] This case concerns the following appeals:

(1) Rayuan Sivil No: 02(f)-20-03-2015 (P).

(Tenaga Nasional Berhad v. Ichi-Ban Plastic (M) Sdn Bhd).

(2) Rayuan Sivil No: 02(f)-63-10-2015(W).

(Bright Rims Manufacturing Sdn Bhd v. Tenaga Nasional Berhad).

(3) Rayuan Sivil No: 02(f)-64-10-2015(W).

(AWP Enterprise (M) Sdn Bhd v. Tenaga Nasional Berhad).

(4) Rayuan Sivil No: 02(f)-71-10-2015(W).

(Tenaga Nasional Berhad v. Nikmat Maju Development Sdn Bhd).

(5) Rayuan Sivil No: 02(f)-83-11-2015(B).

(Tenaga Nasional Berhad v. Dunia Raya Enterprise Sdn Bhd).

(6) Rayuan Sivil No: 02(f)-86-11-2015(P).

(Kepala Batas Bihun Sdn Bhd v. Tenaga Nasional Berhad).

[2] This court had directed all the six appeals to be heard together. Parties will be referred to by their names. Tenaga Nasional Berhad (TNB) is the appellant in three of the appeals and respondent in the other three.

[3] There are several of question of laws in these appeals which give rise to common issues. Therefore at the outset of the proceeding we adopted the approach applied in Terengganu Forest Products Sdn Bhd v. Cosco Container Lines Co Ltd & Anor & Other Applications [2012] 5 MLRA 618; [2011] 1 MLJ 25; [2011] 1 CLJ 51. We decided to hear and consider the common issues of law. Our decision on these issues of law would then be made applicable to the respective appeals for disposal. In other words, once these issues are decided upon, parties will then revert to argue on the substantial merit of their respective appeals. Therefore at this stage, the facts of the respective appeals are not relevant. [See per Zaki Azmi CJ in Terengganu Forest at p 622].

[4] The leave questions in respect of which applications for leave to appeal were allowed in the six appeals may collectively be grouped into the following issues:

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