KUALA LUMPUR (Feb 20): The lengthy legal battle between Kian Joo Can Holdings Sdn Bhd and CAN-ONE BHD [] took another twist, with the See family seeking a review of the Federal Court decision, alleging the court had "plagiarised" its grounds of judgment.
The See family's latest application was filed by their solicitor Messrs VK Lingam and Co on Feb 13. A copy of the documents was distributed to reporters on Monday.
The review application was supported by an affidavit affirmed by former KIAN JOO CAN FACTORY BHD [] (KJCF) managing director Datuk See Teow Chuan, who said the bid was filed because the Federal Court's grounds of judgment dated Jan 5 "consisted very largely and substantially the reproduction, without any attribution, of the respondents' first written submission".
See also alleged the Federal Court did not conduct an independent and impartial review of the evidence and law or engage in their own analysis.
To recap, on Feb 15, See and 13 others filed an application seeking the review of the Jan 5, 2012 Federal Court ruling that gave the nod for Can-One to buy the 32.9% stake of KJCF comprising of 146.13 million shares.
Can-One said it was informed by its solicitors that See and the 13 other applicants had applied for the Federal Court order to be reviewed and set aside.
The application was for the appeals to be re-heard by the Federal Court consisting of judges of the Federal Court other than those who heard and decided upon the appeals on Jan 5.
See and the 13 other applicants had also sought to restrain Ooi Woon Chee and Ng Kim Tuck from distributing the RM241.11 million from the sale of the 146.13 million KJCF shares to Can-One International Sdn Bhd.
They also applied for Can-One’s unit be restrained from selling and/or disposing of the whole or any part of the 146.13 KJCF shares purchased from Kian Joo Holdings pending the hearing and final disposal of the application.
The See family's latest application was filed by their solicitor Messrs VK Lingam and Co on Feb 13. A copy of the documents was distributed to reporters on Monday.
The review application was supported by an affidavit affirmed by former KIAN JOO CAN FACTORY BHD [] (KJCF) managing director Datuk See Teow Chuan, who said the bid was filed because the Federal Court's grounds of judgment dated Jan 5 "consisted very largely and substantially the reproduction, without any attribution, of the respondents' first written submission".
See also alleged the Federal Court did not conduct an independent and impartial review of the evidence and law or engage in their own analysis.
To recap, on Feb 15, See and 13 others filed an application seeking the review of the Jan 5, 2012 Federal Court ruling that gave the nod for Can-One to buy the 32.9% stake of KJCF comprising of 146.13 million shares.
Can-One said it was informed by its solicitors that See and the 13 other applicants had applied for the Federal Court order to be reviewed and set aside.
The application was for the appeals to be re-heard by the Federal Court consisting of judges of the Federal Court other than those who heard and decided upon the appeals on Jan 5.
See and the 13 other applicants had also sought to restrain Ooi Woon Chee and Ng Kim Tuck from distributing the RM241.11 million from the sale of the 146.13 million KJCF shares to Can-One International Sdn Bhd.
They also applied for Can-One’s unit be restrained from selling and/or disposing of the whole or any part of the 146.13 KJCF shares purchased from Kian Joo Holdings pending the hearing and final disposal of the application.
