EUROLAND & DEVELOPMENT Sdn Bhd

On the court record

A defendant whose matters combine guarantee enforceability and supply-debt proof in consolidated commercial suits with a professional-negligence action arising from fraud-tainted property transactions.

EUROLAND & DEVELOPMENT Sdn Bhd appears in the corpus as a defendant in the consolidated supply-and-guarantee suits and in a separate professional-negligence action, and its appearances span both commercial-debt and property-transaction litigation. In the consolidated group, the company is a recurring defendant to claims framed as whether the plaintiff had proven its claim for goods and services supplied, whether the defendants were liable under the guarantees relied on, and whether the defendants had conspired jointly to defraud the plaintiff, with ADY MARKETING Sdn Bhd, ALL WAYS BUILDER Sdn Bhd and EURO HOLDINGS BERHAD as recurring counterparties. In an earlier matter, BINA-PILE INDUSTRIES Sdn Bhd v EUROLAND & DEVELOPMENT Sdn Bhd, the court addressed a guarantee question in a construction context — a guarantor's liability where judgment in default had been entered against the principal debtor, and whether the guarantor could nonetheless be held liable.

A distinct High Court matter concerned allegations of professional negligence by advocates and solicitors, arising from a fraud said to have been orchestrated within a company, which led purchasers to sue for negligence in executing conveyancing duties without sufficient due diligence across several sale-and-purchase transactions involving units in a development. The company appears there against the backdrop of those property transactions.

For a reader, the company's matters usefully combine the two recurring themes of its litigation: the enforceability of guarantees and the proof of supply debts in the consolidated commercial suits, and the exposure that arises where property transactions are tainted by fraud and give rise to negligence claims against professional advisers. The corporate and firm parties are named as they appear on the record; the individual purchasers and other natural persons are referred to by their procedural role only. The company's dual exposure — to commercial-debt and guarantee claims in the consolidated suits, and to negligence claims arising from fraud-tainted property transactions — reflects the layered risk that attaches to a development company: it may be pursued both by its trade counterparties over supply and security, and, indirectly, through the professional-negligence claims that purchasers bring when a conveyancing fraud comes to light.