SWIFT INTEGRATED LOGISTICS SDN BHD v RHB BANK BERHAD

ca-24ncvc-216-10-2024 High Court (Mahkamah Tinggi) 15 October 2025 • CA-24NCvC-216-10/2024

Catchwords

Plaintiff is a company incorporated in Malaysia while the Defendant is a licensed financial institution and act as the financier to a third party, Gebeng Jaya Sdn Bhd (“Gebeng Jaya”). As security for the financing, Gebeng Jaya charged its land (“the Land”) to the Defendant. Ultimately Gebeng Jaya defaulted payment to the Defendant. Exercising its rights under the National Land Code (“NLC”), the Defendant obtained an Order for Sale in 2020. In 2023, Gebeng Jaya entered into a sale and purchase agreement (“SPA”) with Plaintiff in respect of the Land. As such, the Defendant issued various redemption statements to the Plaintiff. Following that, the Plaintiff lodged a private caveat over the Land. However, the sale fell through due to a dispute between the parties. Now, the Plaintiff filed this action to restrain the Defendant from auctioning the Land. The Defendant through its counterclaim, seek the removal of the private caveat as the Plaintiff has no registrable or caveatable interest under Section 323 NLC. It was held that the Plaintiff’s interest is contractual rather than proprietary. The caveat cannot be maintained under NLC as it obstructs the Defendant from exercising its statutory powers over the land. Hence the Defendant’s counterclaim is allowed. The private caveat lodged by the Plaintiff is ordered to be removed.

Practice Areas

Land Law Contract

Judges (1)

Samry bin Masri Delivered

Parties (2)

RHB BANK BERHAD Respondent SWIFT INTEGRATED LOGISTICS Sdn Bhd Applicant

Judgment

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Source: eJudgment (ca-24ncvc-216-10-2024)