Squabbling The Hour Glass founders head to court again
Published on Feb 27, 2014
Dr Henry Tay and Ms Jannie Chan (above) divorced in 2010 but are still directors of the family's company.
By Rachael Boon
THE high-profile founders of luxury watch retailer The Hour Glass continue to be at loggerheads two years after they originally resolved things out of court.
The founders, Dr Henry Tay and his former wife, Ms Jannie Chan, had split up in 2010 but are still linked as directors of the family's investment vehicle, TYC Investment.
In the latest twist, Ms Chan is now being taken to court by TYC for allegedly refusing to approve payments that TYC has to make.
They include expenses relating to two Nassim Road properties as well as legal and accounting fees.
Ms Chan is also being asked to redeem 6.5 million The Hour Glass shares that she had borrowed from TYC and pledged to OCBC Bank for a personal loan. She was supposed to have redeemed them by April last year.
This comes two years after the high-profile pair had settled a separate suit out of court, regarding an injunction by Dr Tay to stop Ms Chan from signing cheques on behalf of TYC.
Dr Tay and Ms Chan have management control of the firm, which owns about 108 million shares in The Hour Glass.
Part of the settlement included both parties having to agree on payments before TYC can act.
But this has caused a new set of problems as Ms Chan is now accused of withholding her approval for payments.
TYC and three other family-run vehicles submitted papers in the High Court last September to compel Ms Chan to sign payment cheques and vouchers. Dr Tay is included in the suit as a nominal party because any legal action taken by TYC regarding such matters would necessarily involve all its directors.
Five hearings have been held since then. The latest, on Monday, gave Ms Chan one more month to cooperate with TYC regarding the share redemption, with another hearing set for next month.
In Ms Chan's affidavit, she said she was disappointed with the action taken and that she had signed the cheques she deemed necessary. She said that US$4.2 million (S$5.3 million) to be transferred for the release of the pledge over the shares was due to arrive last November. The funds are now expected to arrive by the end of next month.
Noting that the firms are family-run, she added: "I always believed that we should and we can resolve matters internally within the family."
Ms Chan added in her affidavit that Dr Tay had refused to call a meeting involving them and their three children - all TYC Investment shareholders - and had called for extraordinary general meetings (EGMs) on dates she was not in Singapore.
The calling of an EGM on Sept 4 last year was "in bad faith" despite her requests to postpone it to the end of the month, and only Dr Tay and their son, Michael, attended, she claimed.
Despite her objections to resolutions approving certain payments and withholding her The Hour Glass dividends for 2013 for the redemption of shares under TYC, these were passed at the EGM.
She said the proceedings by Dr Tay are to compel her to make payments to him, and "on the other hand, Henry has also been trying to starve me financially".
Ms Chan's main assets are her shares in TYC Investment and her 50 per cent stake in 40C, Nassim Road, of which she and Dr Tay are co-owners.
She said her dividends from TYC have been withheld, and she is prevented from monetising her stake in the Nassim Road property due to a caveat lodged by Dr Tay on June 30, 2012, to sell the property. She also said that the property had been renovated and expenses incurred without her knowledge and approval.
The documents filed in the latest court action also showed how lawyers' letters have been flying to and fro regarding various matters, including The Hour Glass dividends and the caveat.
Ms Chan is represented by Mr Eugene Thuraisingam of Eugene Thuraisingam, TYC is represented by Senior Counsel Thio Shen Yi of TSMP Law Corporation, and Dr Tay is represented by Senior Counsel Chelva Rajah of Tan Rajah & Cheah.
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