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Cases

TENAGA NASIONAL BERHAD v. CHEW THAI KAY & ANOR
Federal Court, Putrajaya
Azahar Mohamed CJM, Mohd Zawawi Salleh, Vernon Ong, Zaleha Yusof, Rhodzariah Bujang FCJJ
[Civil Appeal No: 02(i)-28-07-2020 (A)]
4 January 2022
[2022] 2 MLRA 178

JUDGMENT

Introduction

[1] This appeal primarily relates to the statutory power of Tenaga Nasional Berhad ("TNB") to disconnect the supply of electricity to a consumer pursuant to s 38(1) of the Electricity Supply Act 1990 ("the ESA"). In essence, we are asked to decide the scope and limitations of TNB's power under the ESA to lawfully terminate the supply of electricity to a customer's premises following the discovery of meter tampering which was subsequently remedied. The most important question in this appeal is whether the statutory power to discontinue electricity supply can be invoked by TNB in the absence of a continuing offence under s 37 of the ESA or when the said offence is no longer extant. That is the question this judgment sets out to address.

[2] This appeal by TNB is brought from a judgment of the Court of Appeal, where leave to appeal had been granted by this court on 22 June 2020. By its judgment, the Court of Appeal dismissed an appeal by TNB against a judgment of the High Court which had allowed the respondents' injunction application restraining TNB from disconnecting the electricity supply to the Respondents' premises.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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