Life Bible-Presbyterian Church v Khoo Eng Teck: Dispute over Far Eastern Bible College Identity and Premises Usage

1. Case Overview

2. Parties and Outcomes

3. Judges

4. Counsels

4. Facts

1. In 1962, Far Eastern Bible College was started.
2. In January 2004, an organisation called Far Eastern Bible College was registered under the Charities Act.
3. Life Bible-Presbyterian Church and Far Eastern Bible College share premises at 9, 9A, and 10 Gilstead Road.
4. The Church wants the 2004 College to vacate the Premises.
5. The defendants want recognition that there is a trust in place which requires the Church to recognise that the 2004 College is, equally with the Church, a beneficiary of the trust and entitled to continue to share the Premises.
6. The Church started as the English service of Say Mia Tng, a primarily Teochew speaking church.
7. In 1955, it was formally constituted as a member of the Bible-Presbyterian Church of Singapore.
8. The Church only obtained independent registration as a society under the Societies Act in 1986.
9. It was registered as a charity in 1987.
10. From the beginning, the pastor and moving spirit of the Church was Rev Timothy Tow.
11. Under his leadership, the congregation expanded and started a building fund so that the Church could have its own premises.
12. On 1 August 1957, a lease over 9 and 9A Gilstead Road was acquired.
13. It was a condition of the lease that the land be used for a “church and associated purposes”.
14. From the mid 1950s, Rev Timothy Tow had wanted to start a bible college to train young Christians to serve as “evangelists, pastors and teachers”.
15. On 19 September 1960, at a meeting of the Presbytery of the Bible-Presbyterian Churches of Singapore, a formal decision was taken to establish such a college, to be called “Far Eastern Bible College”.
16. In the same year, 1960, the building fund was renamed the Life Church and Bible College Fund.
17. In November 1961, the board of directors of the College was constituted with Rev Timothy Tow at its helm.
18. The board unanimously adopted the constitution drafted by the three-man committee.
19. From its inception, the College maintained a close relationship with the Church.
20. Rev Timothy Tow was concurrently pastor of the Church and principal of the College until he resigned from the Church’s board of elders on 20 August 2003.
21. The College was the first to move into 9 and 9A Gilstead Road when it formally occupied the college annex on 17 September 1962.
22. The Church moved into the church building the next year, after its dedication service on 16 February 1963.
23. In 1965, a second fund named the “Church and College Extension Fund” was started for the purpose of building an extension on 9 and 9A Gilstead Road.
24. By 1989, the enrolment of the College had expanded considerably.
25. The Church’s congregation had also seen a steady increase in numbers over the years.
26. In that year, a third fund – the Extension Building Fund – was started for the purpose of acquiring 10 Gilstead Road.
27. In 2000, the Beulah House Fund was started.
28. In 2002, the previously harmonious relationship between the College and the Church began to develop strains due to the endorsement by the College of a doctrine known as “Verbal Plenary Preservation” (VPP) over the more orthodox “Verbal Plenary Inspiration” (VPI) doctrine accepted by the Church.
29. Matters came to a head in August 2003.
30. At the Session meeting on 20 August 2003, certain members of the Session expressed strong views against Rev Timothy Tow’s endorsement of the VPP doctrine and he therefore resigned as pastor of the Church.
31. On 19 November 2003, the board of the College informed the Church of its intention to register the College as a charity.
32. The registration of a charity called “Far Eastern Bible College” took place on 26 January 2004.
33. On 17 July 2004, the Church wrote to the 2004 College stating that it would no longer allow the 2004 College to use its properties as it had been registered as a separate and independent entity with a result that it was no longer a ministry of the Church.

5. Formal Citations

1. Life Bible-Presbyterian Church v Khoo Eng Teck Jeffrey and others and another suit, Suit No 648 of 2008 and Suit No 278 of 2009, [2010] SGHC 187
2. Life Bible-Presbyterian Church v Khoo Eng Teck Jeffrey and others and another suit, , [2012] SGCA 37

6. Timeline

7. Legal Issues

1. Identity of Far Eastern Bible College
   • Outcome: The court held that the 2004 College was a separate entity from the original College.
   • Category: Substantive
   • Sub-Issues:
     • Validity of 2004 constitution
     • Continuity of the college as an entity
2. Charitable Purpose Trust
   • Outcome: The court held that the charitable purpose trust was not meant to be applied towards the 2004 College.
   • Category: Substantive
   • Sub-Issues:
     • Beneficiaries of the trust
     • Breach of trust
     • Frustration of trust
3. Right to Occupy Premises
   • Outcome: The court held that the defendants had no right to occupy, possess or use the Premises.
   • Category: Substantive
   • Sub-Issues:
     • Trespass
     • Proprietary rights

8. Remedies Sought

1. Injunction to restrain the defendants from remaining on or continuing in occupation of the Church property
2. Vacant possession of the Church property
3. Declaration that the 2004 College is a different entity from the College
4. Account of the money held in the accounts of the College as at the date of the registration of the 2004 College
5. Declaration that the funds donated were impressed with a charitable purpose trust for the joint benefit and use of the Church and the registered charity known as the Far Eastern Bible College
6. Schemes be settled in respect of the charitable purpose trusts

9. Cause of Actions

• Trespass
• Breach of Charitable Trust

10. Practice Areas

• Trust Litigation
• Property Disputes
• Charity Law

11. Industries

• Religious Institutions
• Education

12. Cited Cases

13. Applicable Rules

14. Applicable Statutes

15. Key Terms and Keywords

16. Subjects

• Trusts
• Charities
• Religious Organizations
• Property Law

17. Areas of Law

• Charitable Trusts
• Property Law
• Religious Law
• Civil Procedure
• Trust Law