EXEMPLARY DAMAGES – STATUTORY BODY DUTY – DAMAGES – OBTAINING APPROVAL
In Big Man Management Sdn Bhd v Tenaga Nasional Bhd [2025] 5 MLJ 290, the Federal Court reinstated nearly RM3.56 million in special damages and awarded RM100,000 in exemplary damages against TNB for wrongfully disconnecting electricity to an ice factory. The Court ruled that “strict proof” of special damages does not mean a higher burden beyond the civil standard of proof and affirmed that TNB, as a statutory monopoly, breached its statutory duty by using disconnection as leverage to collect payment. The judgment underscores that public utilities cannot misuse statutory powers, and consumers wrongfully deprived of essential services may be entitled to punitive remedies in exceptional cases.
PUBLIC UTILITIES – ELECTRICITY – DISCONNECTION OF ELECTRICITY SUPPLY
When can TNB disconnect your electricity supply?
LAND LAW – WAYLEAVE – COMPENSATION
Can TNB enter my private property to build and maintain cabling? Can I say no? What’s the right to wayleave?
LAW OF TORT– TRESPASS – SQUATTERS – TNB – ELECTRICITY SUPPLY
Can landowner demand TNB to cut electricity to squatters or illegal occupiers?
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