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The appeal arose from a 2019 judgment entered by the Johor Bahru High Court in favour of Big Man Management Sdn Bhd.
The company had been awarded the sum in damages for loss of earnings following TNB’s disconnection of power to an ice manufacturing factory in Skudai, Johor, on two occasions, on grounds of meter tampering.
The disconnections had been effected in July 2014 and April 2015, and lasted four months each.
However, the Court of Appeal today allowed TNB’s appeal, holding that Big Man Management had failed to tender any evidence to prove the losses it claimed to have suffered.
In its suit, Big Man Management said it was contracted to manage the administration, production operations and electricity supply for ice manufacturer, Ice Man Sdn Bhd.
The company claimed to have incurred losses after making advances to Ice Man and paying for the purchase of generators and diesel to enable the manufacturer to continue operating despite the power cuts.
However, the Court of Appeal ruled that there was no evidence of payments made by Big Man Management to Ice Man or in connection with the purchases as alleged.
Delivering the appeals court’s verdict, Justice S Nantha Balan said there was also no evidence whatsoever that Ice Man continued its operations and effected business sales during the two periods of electricity disconnection.
Others who sat on the three-member panel were Justices Abdul Karim Abdul Jalil and Zaini Mazlan.
Nantha also noted that a witness who had testified on behalf of Big Man Management could not show proof of the actual payments allegedly made despite extensive cross-examination on the matter.
“In the overall analysis, we find it quite remarkable that the consumer could not even show any credible evidence of actual payments by them to the tenant (Ice Man) and the so-called suppliers of diesel and generators.
“All he could say was that the payment was made in Singapore through a moneychanger, and that it was through the moneychanger that payment was made to the tenant (Ice Man).”
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