Shahabudin Shaik Alaudin

On the court record

Engages conveyancing and sale and purchase disputes, the setting aside of transactions in a liquidation context, and the procedural rules governing third-party proceedings under Order 16.

Shahabudin Shaik Alaudin's appearances in this corpus, all in the High Court (Mahkamah Tinggi), engage property conveyancing, insolvency-driven litigation and civil procedure. As counsel for defendants he acted in a sale and purchase dispute complicated by the dissolution of the developer. Early vacant possession had been delivered before completion, and the terms of the agreement had failed to address the conveyancing process that would ordinarily follow. The court considered the variation of the agreement and the failure to adhere to a supplementary agreement, in a situation where the corporate counterparty had ceased to exist — a problem that leaves purchasers and other parties to work out how title and obligations are to be perfected without the developer.

In a further matter he appeared for a defendant in litigation driven by a liquidator, who had filed suit on behalf of a company to set aside the sale of a number of condominium units. The units had been sold as a set-off for financial aid provided under a series of agreements — a joint-venture agreement and related instruments — and the liquidator also sought a declaration voiding further sale and purchase agreements involving one of the defendants. After a full trial the court found that the plaintiff had failed to prove its case and dismissed it, and also dealt with counterclaims raised by several defendants. The matter illustrates the difficult task a liquidator faces in unwinding transactions entered into before liquidation.

He also acted as counsel for an appellant in third-party proceedings, where the question was whether a third-party notice should be set aside — whether the claim disclosed a reasonable cause of action and whether it was a plain and obvious case for setting aside under Order 16 of the Rules of Court 2012. Across these matters, Shahabudin Shaik Alaudin's practice engages conveyancing and sale and purchase disputes, the setting aside of transactions in a liquidation context, and the procedural rules governing third-party proceedings.