The Power of the Pen: Must All Co-Executors Sign the SPA?

When a homeowner passes away and leaves their property to multiple executors, a critical question often arises during the sale process: Can just one executor sign the Sale and Purchase Agreement (SPA), or must every named executor put pen to paper? Under Malaysian law, specifically the Probate and Administration Act 1959 (PAA), the answer depends heavily on … Continue reading The Power of the Pen: Must All Co-Executors Sign the SPA?

Who Holds the Pen? Power to Sell Property in Deceased Estates

When a property owner passes away, a common question arises: who has the legal authority to sign a Sale and Purchase Agreement (SPA) to sell the estate's land? Under Malaysian law, there is a sharp distinction between the powers of a beneficiary and those of a personal representative. 1. The Beneficiary: No Capacity to Sell … Continue reading Who Holds the Pen? Power to Sell Property in Deceased Estates

Case Summary: Tenaga Nasional Berhad v. Chew Thai Kay & Anor [2022] 2 MLRA 178 (Federal Court)

1. Case Overview This landmark Federal Court decision clarifies the scope and limitations of Tenaga Nasional Berhad’s (TNB) statutory power to disconnect electricity supply under the amended Section 38(1) of the Electricity Supply Act 1990 (ESA). The court specifically addressed whether TNB loses its right to disconnect supply once a tampered meter has been rectified or replaced. 2. … Continue reading Case Summary: Tenaga Nasional Berhad v. Chew Thai Kay & Anor [2022] 2 MLRA 178 (Federal Court)

Case Summary: Tenaga Nasional Bhd v. Mayaria Sdn Bhd & Anor [2018] MLRAU 501 CA

1. Case Overview This landmark Court of Appeal decision established what is now widely known as the "Mayaria Principle" in Malaysian electricity law. It defines the limits of Tenaga Nasional Berhad’s (TNB) statutory power to disconnect electricity supply following the discovery of meter tampering. 2. Background Facts The Parties: The Appellant was TNB. The Respondents were the owners … Continue reading Case Summary: Tenaga Nasional Bhd v. Mayaria Sdn Bhd & Anor [2018] MLRAU 501 CA

Case Summary: Big Man Management Sdn Bhd v. Tenaga Nasional Berhad [2025] 5 MLRA 771 (Federal Court); [2024] 2 MLRA 783 (Court of Appeal)

1. Case Overview This landmark litigation involves a dispute over Tenaga Nasional Berhad’s (TNB) right to disconnect electricity supply after meter tampering has been rectified. The Federal Court (2025) decision is the final authority, specifically addressing the standard of proof for special damages and the award of exemplary damages against a statutory monopoly for breach of statutory duty. 2. Background … Continue reading Case Summary: Big Man Management Sdn Bhd v. Tenaga Nasional Berhad [2025] 5 MLRA 771 (Federal Court); [2024] 2 MLRA 783 (Court of Appeal)

Case Summary: Thomas Thomas @ Mohan K Thomas v. Tenaga Nasional Berhad [2017] 6 MLRA 504

1. Case Overview This is a landmark Court of Appeal decision in Malaysia that clarifies the legal liability of a registered consumer(account holder) regarding electricity meter tampering and the subsequent loss of revenue claimed by Tenaga Nasional Berhad (TNB) under the Electricity Supply Act 1990 (ESA). 2. Background Facts The Parties: The Appellant (Thomas Thomas) was the owner … Continue reading Case Summary: Thomas Thomas @ Mohan K Thomas v. Tenaga Nasional Berhad [2017] 6 MLRA 504

Landlord Alert: Are You Responsible for Your Tenant’s Meter Tampering?

If you are a landlord in Malaysia, you might think that once you hand over the keys to a tenant, their utility usage is entirely their own responsibility. However, a common legal nightmare arises when a tenant tampers with the electricity meter to reduce bills. You might find yourself facing a massive claim for "loss of revenue" … Continue reading Landlord Alert: Are You Responsible for Your Tenant’s Meter Tampering?

Secure Your Legacy: Drafting Your Will With a Lawyer

Planning for the future is one of the most responsible actions you can take for your loved ones. While the process of drafting a will with a lawyer may seem daunting, it is essentially a conversation about four key pillars: your Executor, your Assets, your Beneficiaries, and your Residuary Estate. Here is what you need to know to ensure … Continue reading Secure Your Legacy: Drafting Your Will With a Lawyer

Understanding Decree Nisi & Decree Absolute

Navigating a divorce can be a complex and emotional journey. In Malaysia, the legal process for non-Muslims is primarily governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA). Two terms you will frequently encounter are "Decree Nisi" and "Decree Absolute." Understanding the difference between these two is crucial for anyone undergoing matrimonial proceedings. 1. What … Continue reading Understanding Decree Nisi & Decree Absolute

Case Summary: Robert John Reeves v. Menteri Sumber Manusia, Malaysia & Anor [2007] 1 MLRA 555 CA

The case of Robert John Reeves v. Menteri Sumber Manusia, Malaysia & Anor [2007] 1 MLRA 555 is a significant decision by the Court of Appeal regarding the Minister’s discretion in referring unfair dismissal representations to the Industrial Court, particularly concerning the rights of probationers and allegations of victimization. 1. Background and Facts Appointment: Robert John Reeves (the appellant) was appointed … Continue reading Case Summary: Robert John Reeves v. Menteri Sumber Manusia, Malaysia & Anor [2007] 1 MLRA 555 CA