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Tuesday, July 24, 2007

Horizon Towers minority owners bid to delay hearing fails

In yet another twist to the controversy over the sale of the Horizon Towers condominium, a High Court bid by minority owners for more time to present their case to the Strata Titles Board has failed.

The minority owners, who object to the sale, wanted a judicial review of the Board's decision not to postpone a hearing.

They will now have to present their case next week instead of in September as they wanted.

The $500 million deal for the two blocks at Leonie Hill, which was struck on Feb 12, has to be finalised by Aug 11. If the High Court had ruled in favour of the minority owners, the deal would have been effectively scuttled.

The 99-year leasehold property has been pledged to be sold enbloc to HPL, Morgan Stanley Real Estate and the Qatar Investment Authority, the investment arm of the Gulf Arab state of Qatar.

The deal was backed by 84 per cent of the owners. This is above the 80 per cent requirement, but it still needs the approval of the Strata Titles Board. Previously, the Board set the hearing for September, but later moved it forward.

Through lawyers from Tan Kok Quan Partnership and Harry Elias Partnership, the minority owners argued that they needed more time to prepare their objections to the deal.

They therefore sought leave from the High Court for a judicial review of the Board's decision to bring the hearing forward.

But according to court documents filed by the purchasers, the the deal would have been scuttled if the objectors request had been granted.

The purchasers, who were represented by Senior Counsel K Shanmugam, argued that if this happened,the majority owners who consented to the sale would be unwilling to extend the deadline for the en-bloc deal

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