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Oct 4, 2007

Hostile end to Horizon Towers hearing

By Fiona Chan

TENSIONS ran high at the already prickly Horizon Towers hearing yesterday, as lawyers fought over who would have the last word.

The heated exchanges lasted less than an hour but they were more hostile than any of the previous day-long sessions since last Friday.

They brought to a close the appeal over the estate's bungled collective sale - an appeal peppered by barbed comments between highly paid lawyers and regular jeers and boos from the public gallery.

The only lawyer scheduled to speak yesterday was Senior Counsel Chelva Rajah of Tan, Rajah and Cheah. He represents the condominium's majority owners, who have asked the High Court to overturn the Strata Titles Board's (STB's) dismissal of their collective sale application in August.

Mr Rajah was to reply to arguments made by the minority owners' lawyers on Tuesday. The minority owners want the STB decision upheld.

But even before he could speak, Senior Counsel K.Shanmugam - representing the Horizon Towers buyers - attempted to have the final say. He asked Justice Choo Han Teck for '10 to 15 minutes' after Mr Rajah's speech to address some of the 'new' points raised on Tuesday.

Barely had Mr Shanmugam finished his request when Senior Counsel Michael Hwang and Senior Counsel K.S. Rajah, who each represent a different group of minority owners, were on their feet to object.

Although Justice Choo stayed the conflict by asking Mr Chelva Rajah to proceed with his remarks, Mr Shanmugam rose again once Mr Rajah was finished.

His plea to be allowed a response was interrupted by Mr Hwang, who said it would be 'unfair' to allow Mr Shanmugam 'a second bite of the cherry when he should have said all this in the first place'.

Justice Choo proposed two peace options: either Mr Shanmugam got five minutes to speak, or all the lawyers were to read his new points and respond in writing within the day.

Mr Hwang opted for the second option almost at the same time that Mr Shanmugam chose the first. It all looked quite comic to the tittering public gallery but the tension in the courtroom remained high, prompting Justice Choo to close the session without allowing Mr Shanmugam's speech.

In the end, only Mr Rajah had a say yesterday. He noted that Parliament will soon formally give the STB powers to ignore technical flaws - such as the three missing pages in Horizon Towers' collective sale application - showing that the STB was always intended to have these powers.

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