Big Man Management Sdn Bhd v Tenaga Nasional Berhad

Appellant(s): Big Man Management Sdn Bhd

Respondent(s): Tenaga Nasional Berhad

• YAA Tan Sri Hasnah binti Dato' Mohammed Hashim
• YA Tan Sri Datuk Nallini Pathmanathan
• YA Dato Rhodzariah binti Bujang

• The appellant, managing an ice-making factory, sued the respondent, a statutory electricity supplier, for wrongful disconnection of electricity supply on two occasions.
• The disconnections occurred after meter tampering was discovered and rectified, which the appellant contended was an unlawful means to compel payment of alleged arrears.
• The High Court awarded special and exemplary damages to the appellant, but the Court of Appeal reversed the award of damages, prompting this appeal to the Federal Court.

• Whether the evidential standard for "strictly proving" special damages requires a higher burden than the civil standard of a balance of probabilities.
• Whether exemplary damages are claimable by a consumer against a statutory body like the respondent for wrongful disconnection, particularly where there is a breach of statutory duty.
• Whether the *Rookes v Barnard* categories for exemplary damages, especially for oppressive or arbitrary conduct, can extend to statutory corporations.

• The Court clarified that "strictly proved" for special damages means providing clear and convincing evidence, but the standard of proof remains a balance of probabilities, reinstating the High Court's special damages award.
• The Court held that exemplary damages can be awarded for a breach of statutory duty against a monopolistic statutory body like the respondent, given its oppressive and arbitrary conduct in unlawfully disconnecting supply.
• The Court awarded RM100,000 in exemplary damages, emphasizing that the quantum is discretionary and determined by the specific facts and the need to signify the Court's disapproval of the respondent's actions.