KUALA LUMPUR: The High Court here yesterday threw out a second petition filed by Datuk Tan Kim Hor and his family to wind up Tan Chong Consolidated Sdn Bhd which controls the Tan Chong group of companies.
Justice Zulkefli Ahmad Makinudin struck off the petition with costs after allowing an application by Kim Hor’s estranged nephew Datuk Tan Heng Chew, who led the other faction of the Tan Chong group.
He said the second petition “was manifestly unsustainable and an abuse of the court process on the grounds of duplicity of proceedings”.
“I find that the second petition expressly adopts almost the entire first petition although it purports to contain new grounds.
“In substance, it is just a repetition of the first petition,” he said, adding that the second petition could not be justified even if Kim Hor’s faction were right in claiming that there were new grounds or facts.
Kim Hor and his family had filed a similar winding-up petition in 2001, citing that the relationship between the two factions had irretrievably broken down.
The petition was thrown out by a High Court on Sept 9, 2001. Kim Hor’s faction then filed the second petition.
However, on Jan 29, the first petition was reinstated after Kim Hor won his appeal at the Court of Appeal.
Kim Hor’s faction holds 45% of the shares in Tan Chong Consolidated, while Heng Chew’s side owns the other 55%.
Tan Chong Consolidated holds 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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