LIM KEEM KOK & SONS REALTY SDN. BHD. v TENAGA NASIONAL BERHAD
Catchwords
Keywords Lim Keem Kok & Sons Realty Sdn Bhd v. Tenaga Nasional Berhad [K.1] bth 9.7.2026 Appeal — First appeal after full trial — Scope of appellate intervention — “Plainly wrong” standard — Inference from primary facts — Failure to appreciate material evidence — Burden of proof — Whether findings of trial court unsupported by evidence — Whether appellate court entitled to interfere. Practice and Procedure — Part-heard proceedings — Successor Judge delivering judgment — Trial Judge transferred before judgment — Order 35 rule 11 Rules of Court 2012 — Whether judgment a nullity — Whether witnesses required to be recalled — Natural justice — Coram. Evidence — Burden of proof — Plaintiff succeeding on strength of own case — Circumstantial evidence — Inference from proved facts — Difference between legitimate inference and conjecture — Failure to identify wrongdoer — Documentary evidence — Contemporaneous records — Computer-generated documents — Section 90A Evidence Act 1950 — Admissibility of inspection photographs — Certificate under section 90A(2) — Primary and secondary evidence — Integrity of physical exhibits — Chain of custody — Weight of evidence. Electricity Supply — Unauthorised abstraction of electricity — Direct connection — No registered consumer — No electricity meter — Registered proprietor — Tenanted premises — Whether ownership alone sufficient to establish liability — Feeder pillar — Special Engagement Against Losses (SEAL) inspection — Current transformer ratio test — Maximum Demand (BKM) methodology — Energy Commission Guidelines. Electricity Supply Act 1990 — Sections 2, 9, 24, 37, 38 — Meaning of “consumer” — Whether registered proprietor a consumer — Statutory recovery of loss of revenue — Section 38(4) written statement — Prima facie evidential presumption — Whether statutory presumption available where claim not brought under section 38. Tort — Conversion — Essential elements — Intentional dealing — Dealing inconsistent with possessory rights — Authorisation — Procurement — Ratification — Adoption — Whether ownership of premises sufficient to establish conversion — Proof of dealing — Circumstantial evidence — Measure of damages — Nominal damages — Value of converted goods — Electricity as subject matter of conversion — Whether issue necessary for determination. Restitution — Unjust enrichment — Essential elements — Enrichment at plaintiff’s expense — Unjust factor — Absence of defence — Whether registered proprietor enriched by unlawful abstraction of electricity committed by another — Failure to prove enrichment. Damages — Quantification — Proof of loss — Maximum Demand methodology — Energy Commission Guidelines — Evidential foundation — Contemporaneous records — Reduction of claim — Concession on assessment period — Quantum not determined following failure to establish liability. Mitigation of Damage — Self-induced loss — Alleged failure to conduct inspections — Alleged failure to secure feeder pillar — Duty to mitigate — Issue unnecessary to determine. Administrative Guidelines — Energy Commission Guidelines — Legal status — Good practice — Whether legally binding — Effect of non-compliance — Evidential weight.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-12bncvc-1-02-2026)