BANK KERJASAMA RAKYAT MALAYSIA BERHAD v Temasek Blooms Sdn Bhd
ma-24mfc-107-07-2024 High Court (Mahkamah Tinggi) 12 February 2026 • MA-24MFC-107-07/2024 • 2 min read
Catchwords
This case concerns an application to stay execution of an Order for Sale granted under the National Land Code 1965. The validity of the Order was not challenged. The sole issue was whether the defendant had established special or exceptional circumstances to justify a stay. The court reaffirmed that a stay of execution is discretionary and that a successful litigant is entitled to the fruits of judgment. Relying on Kosma Palm Oil Mill Sdn Bhd v Koperasi Serbaguna Makmur Bhd and Ming Ann Holdings Sdn Bhd v Danaharta Urus Sdn Bhd, the court held that speculative restructuring efforts, a non-binding Term Sheet, and alleged commercial prejudice to tenants do not amount to special circumstances. As no concrete evidence of imminent redemption or secured funding was shown, the application was dismissed. The decision underscores the high threshold required to stay execution once a chargee’s statutory right to realise its security has crystallised. Key Words Stay of execution; Order for Sale; National Land Code 1965; special circumstances; chargee’s rights; foreclosure; fruits of judgment.
Practice Areas
This case concerns an application to stay execution of an Order for Sale granted under the National Land Code 1965. The validity of the Order was not challenged. The sole issue was whether the defendant had established special or exceptional circumstances to justify a stay. The court reaffirmed that a stay of execution is discretionary and that a successful litigant is entitled to the fruits of judgment. Relying on Kosma Palm Oil Mill Sdn Bhd v Koperasi Serbaguna Makmur Bhd and Ming Ann Holdings Sdn Bhd v Danaharta Urus Sdn Bhd, the court held that speculative restructuring efforts, a non-binding Term Sheet, and alleged commercial prejudice to tenants do not amount to special circumstances. As no concrete evidence of imminent redemption or secured funding was shown, the application was dismissed. The decision underscores the high threshold required to stay execution once a chargee’s statutory right to realise its security has crystallised. Key Words Stay of execution; Order for Sale; National Land Code 1965; special circumstances; chargee’s rights; foreclosure; fruits of judgment.
Judges (1)
Case Significance
BANK KERJASAMA RAKYAT MALAYSIA BERHAD v Temasek Blooms Sdn Bhd is a High Court (Mahkamah Tinggi) decision dated February 12, 2026 (citation: ma-24mfc-107-07-2024). The case was decided by Raja Segaran a/l S.krishnan.
Key issues: Stay of execution; Order for Sale; National Land Code 1965; special circumstances; chargee’s rights; foreclosure; fruits of judgment..
What was the outcome of BANK KERJASAMA RAKYAT MALAYSIA BERHAD v Temasek Blooms Sdn Bhd?
BANK KERJASAMA RAKYAT MALAYSIA BERHAD v Temasek Blooms Sdn Bhd is a High Court decision dated February 12, 2026. The case was heard by Raja Segaran a/l S.krishnan. See the full judgment for details.