PUTRAJAYA: The Federal Court dismissed yesterday Tan Chong Motor Holdings Bhd chairman Datuk Tan Heng Chew's application for leave to appeal against a Court of Appeal's decision which reinstated a winding up petition by his uncle, Datuk Tan Kim Hor.
The three-member bench headed by Chief Judge of Malaya Tan Sri Haidar Mohd Noor together with Federal Court judges Justices Siti Normah Yakob and Rahmah Hussain unanimously dismissed the leave application after hearing submissions from Heng Chew's counsel Lim Kian Leong and Kim Hor's counsel Cecil Abraham.
Following the Federal Court's dismissal, the two parties would now have to proceed with a trial at the High Court on the winding up petition filed on May 21, 2001.
The appellate judges also suggested that both parties write to the trial judge to obtain an early trial date.
On Oct 9, 2001, High Court judge Justice Zainun Ali threw out the first petition filed by Kim Hor to wind up Tan Chong Consolidated Sdn Bhd, the private company that controlled the Tan Chong group of listed companies.
Kim Hor then filed a second petition against Heng Chew but High Court judge Justice Zulkefli Ahmad Makinudin struck it out on April 10.
Kim Hor filed an appeal against the decision.
On Jan 29, the first petition was reinstated after Kim Hor won his appeal at the Court of Appeal.
Kim Hor's faction held 45% of the shares in Tan Chong Consolidated while Heng Chew's side owned the rest.
Tan Chong Consolidated held 46% of the shares in Tan Chong Motor Holdings Bhd, 42% in APM Automotive Holdings Bhd and 42% in Warisan TC Holdings Bhd.
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