APPEAL FOR FINANCIAL SUPPORT IN FILING AN APPEAL

Fundraising campaign by HENG CHUAN ONG
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  • APPEAL FOR FINANCIAL SUPPORT IN FILING AN APPEAL AGAINST A HIGH COURT RULING
  • 为ONG HENG CHUAN 上诉筹款

  • 感谢各位亲朋好友在我落难之时提供的各种帮助, 由于案件历经时间较长和涉及家族纠纷, 在取得更多证据并咨询新加坡资深大律师后, 我决定上诉。 但由于财力有限无奈之下唯有发起众筹, 愿好心人聚集力量帮我达成心愿。在取回应有所得后我必不忘回馈社会, 帮助更多有需要的人。 回馈细节将在我的FACEBOOK 公开。 https://www.facebook.com/john.wang.31105?fref=profile_friend_list&hc_location=friends_tab
  • 1. While it is not my intention to discuss my family’s dispute in public, I am left with little choice but to do so in order to raise sufficient funds for my appeal against an unsuccessful High Court Suit that I commenced last year. I have exhausted my funds in fighting my previous suit.

  • I. My claims before the High Court
  • 2. By way of background, in 1963, my father started a sole proprietorship selling snacks under the “Tong Garden” brand and in 1973, I started helping out in the family business after completing my O’ level examinations. Subsequently in 1980, my father incorporated Tong Guan Food Products Pte Ltd as the main vehicle to generate my family fortune. Shortly before my father’s passing in 1984, he distributed his shares in this company amongst my siblings and me on the understanding that we would work in concert to manage and grow the company. As the business gradually expanded and diversified, Tong Guan Food Products Pte Ltd became the ultimate holding company of numerous subsidiaries across Asia (the “ Subsidiaries”) that conducted the Tong Garden business (collectively, “ the Group”).At the time of the High Court Suit, Tong Guan Food Products Pte Ltd was owned by my siblings – Ong Teck Chuan (“ OTC” my 4th brother), Ong Boon Chuan (“OBC” my 2nd brother), Ong Siew Ann (“ OSA” my 4th sister) and me (ONG HENG CHUAN)
  • 3. From 2015 to 2017, I made appalling discoveries that OTC and OBC had been diverting the Group’s business to companies owned by OTC for their own benefit.

  • The “Tong Garden” trademarks
  • 4. First,as the “Tong Garden” brand rose in prominence in Singapore and across Asia, the “Tong Garden” trademark (together with trademarks of our subsidiary brands) (collectively, the “ Trademarks”) were crucial assets of the Group. In 2000, in a restructuring exercise to protect the Trademarks, my siblings and I decided to transfer the Trademarks to a company (known as Villawood) that was beneficially owned and controlled by OBC. Given the importance of the Trademarks to the Group, it was always intended that ( a)the Trademarks be transferred to Villawood on a temporary basis, (b) Villawood would license the Trademarksto the Subsidiaries to ensure their continued production and sale of Tong Garden products in Singapore and Malaysia, and ( c) the Trademarks be transferred back to the Group subsequently.
  • 5. However, after the Subsidiaries’ licenses expired in 2010, OTC and OBC deliberately refused to renew the licenses, and instead caused the Subsidiaries to go into liquidation. In 2015, I noticed that several of the Group’s subsidiaries had been omitted from the Group’s audited accounts. Upon further investigations, I made several shocking discoveries:
  • (a) OTC and OBC had entered into an agreement on 15 March 2008 to transfer the Trademarks from OBC’s Villawood to OTC sometime in 2013. The Trademarks were ultimately transferred in November 2015 to an entity that was not part of the Group, but which was owned and controlled by OTC;
  • (b) With effect from 1 June 2008 and 14 August 2009, Tong Garden products were no longer being distributed and sold by the Subsidiaries in Singapore and Malaysia respectively, but instead by 2 entities that were owned and controlled by OTC outside of the Group. One of them was the entity referred to at (a) above;
  • (c) Prior to the transfer referred to at (a) above, and a mere month after the expiry of the Subsidiaries’ licenses in 2010, these 2 entities controlled by OTC additionally started to manufacture and sell Tong Garden products under licenses granted by Villawood.
  • As a result, through OTC and OBC’s carefully engineered acts of diversion, the Group effectively lost its Singapore and Malaysia businesses to companies owned by OTC.

  • The divestment of the Group’s Thai Entities
  • 6. Second, part of the Group comprised 3 Thai entities that were set up to conduct the Group’s business in Thailand. These Thai Entities were not only profitable; they were considered the “jewels in the crown” of the Group. Yet, in 2009, OTC and OBC surreptitiously caused the Thai Entities to be sold to OTC at a gross undervalue of S$1. More egregiously, the sale was only recorded 2 years later in the 2011 report of the Group’s audited accounts, which was not even issued to me. Further, OTC and OBC also caused the Group to grant a perpetual, irrevocable and exclusive license to OTC to manufacture and sell Tong Garden Products in Thailand for yet another immense undervalue of S$1.
  • 7. I have been a part of the Tong Garden business since I was a teenager, and had even given up my opportunity to study in a polytechnic to help build this business. It was mainly through the combined efforts of my eldest brother (OLC) and I that the small business started by my father could continuously expand and diversifies to become the household name that it is today. However, as a result of OTC and OBC’s conduct, the Group that my eldest brother (OLC) and I had so painstakingly built had become stripped of its valuable assets and businesses in Singapore, Malaysia and Thailand.

  • II. OTC and OBC’s Defences before the High Court
  • 8. Despite their actions, OTC and OBC have sought to justify themselves before the High Court.
  • 9. First, as regards the Trademarks, they argued (amongst others) that: a. The transfer of the Trademarks were genuine transactions effected at fair market value, and were intended to save the Group’s business which had been struggling since 2008. They had intended to restructure the business to pay off the Group’s creditors, and continue the business under new corporate entities; b. There was no agreement for Villawood to subsequently transfer the Trademarks back to the Group; c. Their failure to renew the Subsidiaries’ licenses could not be the reason for the Subsidiaries’ liquidation, as the Subsidiaries had not been performing well since the late 1990s.
  • 10. Second, as regards the Thai entities, they argued (amongst others) that the sale of the Thai Entities at S$1 was a fair valuation given that the Thai Entities were professionally valued to be of negative net worth.
  • III. High Court judgment
  • 11. In January 2020, the High Court dismissed my claims and found in favour of OTC and OBC as the Court found:
  • a. Consistent with OTC and OBC’s positions, the Group had been facing financial troubles and they had conducted the above transactions in order to revive the business.
  • b. There was no evidence that Villawood was required to license the Trademarks in perpetuity to the Subsidiaries. c. The sale of the Thai Entities was conducted at a fair price.
  • 12. I am disappointed and aggrieved by the High Court’s ruling, as I firmly believe in the merits of my case. I have since carefully considered my position and after consulting a Senior Counsel, have decided to appeal against the High Court decision. This is especially given that I have, after the conclusion of the High Court suit, discovered more evidence in support of my claim. In these circumstances, I believe that I ought to appeal against the High Court decision and seek justice for myself.

  • IV. Appeal to public
  • In light of the above, I wish to appeal to the public’s kindness and goodwill in offering donations to fund my appeal. If I am successful in the appeal, I assure the public that I will donate part of the sums awarded to charities and the less fortunate. Details will be updated in my facebook. https://www.facebook.com/john.wang.31105?fref=profile_friend_list&hc_location=friends_tabfa
  • 13. Finally, I wish to express my gratitude to the public for taking the time to learn about my plight. Further information relating to my case may also be found here: a. https://www.straitstimes.com/singapore/tong-garden-family-feud-brother-sues-siblings-for-diverting-business-they-say-move-was-to
  • b. https://www.straitstimes.com/singapore/court-dismisses-brothers-claim-of-unfair-prejudice

Organizer

Male, age 63

Male, age 63

Donors

  • Mia Mia
  • Posted On Aug 25, 2020
  • I need $ 300 for my campaign, Thank you your support is appreciated.

  • fearless
  • Donated on May 04, 2020
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  • Anonymous
  • Donated on Apr 29, 2020
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Donors & Comments

13 donors
  • Mia Mia
  • Posted On Aug 25, 2020
  • I need $ 300 for my campaign, Thank you your support is appreciated.

  • fearless
  • Donated on May 04, 2020
$1000.00
  • Anonymous
  • Donated on Apr 29, 2020
$10.00
  • Anonymous
  • Donated on Apr 27, 2020
$50.00
  • Anonymous
  • Donated on Apr 26, 2020
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$50.00
  • Anonymous
  • Donated on Apr 26, 2020
  • Believe that good things are yet to come. 💪🏻

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  • Violet Teo
  • Donated on Apr 26, 2020
$50.00
  • Anonymous
  • Donated on Apr 26, 2020
$50.00
  • Guest
  • Donated on Apr 26, 2020
$300.00
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Ezekiel Koh
John Wang
Jarrel Lim
Rafe Ong
Keng hock Ong
SG$1,750.00
raised of $400,000.00 goal
0% Funded
13 Donors

No more donations are being accepted at this time. Please contact the campaign owner if you would like to discuss further funding opportunities