Lawrence Khong v Singapore Polo Club: Apparent Bias in Disciplinary Proceedings

In Lawrence Khong Kin Hoong v Singapore Polo Club, the High Court of Singapore heard an application by Lawrence Khong to set aside a decision by the Singapore Polo Club to suspend his membership. Khong argued that the disciplinary proceedings were tainted by apparent bias. The court, presided over by Tan Siong Thye JC, allowed Khong's application, finding that the disciplinary proceedings violated the rules of natural justice. The court ordered the decision to suspend Khong's membership be set aside, allowed Khong's claim for damages to be assessed, and awarded costs to Khong.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Lawrence Khong sought to set aside his suspension from the Singapore Polo Club, arguing apparent bias. The court allowed the application, finding the disciplinary proceedings violated natural justice.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lawrence Khong Kin HoongPlaintiffIndividualApplication AllowedWon
Singapore Polo ClubDefendantAssociationDecision to suspend Plaintiff's membership set asideLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Adrian WeeCharacterist LLC
Noel OehlersCharacterist LLC
Daniel GohCharacterist LLC
Yang Sue JenCharacterist LLC
Devinder Kumar s/o Ram Sakal RaiACIES Law Corporation
Adrian TeoACIES Law Corporation

4. Facts

  1. The Plaintiff was a Charter Polo Playing Member and Honorary Secretary of the Defendant.
  2. A No Confidence Resolution was proposed against the 2012 Committee.
  3. The President unilaterally changed the results of the No Confidence Resolution.
  4. The Plaintiff and Mr Namazie sent a statement denouncing the decision to approve the amendments.
  5. The Plaintiff distributed the Statement via E-Blast without authorization.
  6. The Committee decided that the Plaintiff had acted in a manner prejudicial to the interests of the Defendant.
  7. The Plaintiff was suspended for 2 months.

5. Formal Citations

  1. Lawrence Khong Kin Hoong v Singapore Polo Club, Originating Summons No 743 of 2013, [2014] SGHC 82

6. Timeline

DateEvent
Annual General Meeting elected the 2013 Committee
No Confidence Resolution proposed and passed
President unilaterally changed the results of the No Confidence Resolution
Kevin Wilkinson co-opted to the 2013 Committee
2013 Committee voted in favor of President’s amendments
Plaintiff and Mr Namazie sent a letter to the 2013 Committee
Statement distributed via E-Blast
Committee decided Plaintiff acted in a manner prejudicial to the interests of the Defendant
Plaintiff received a letter to attend a Disciplinary Committee Meeting
Disciplinary Committee Meeting held
Plaintiff received a Notice of Suspension
Plaintiff’s membership suspended for 2 months
Plaintiff obtained an interim injunction
Decision Date

7. Legal Issues

  1. Apparent Bias
    • Outcome: The court found that there was more than a reasonable suspicion of bias on the part of the five 2013 Committee Members present at the Disciplinary Meeting.
    • Category: Substantive
    • Sub-Issues:
      • Vested interest of decision-makers
      • Impropriety of unilateral amendment of voting results
    • Related Cases:
      • [1997] 3 SLR(R) 576
      • [2000] 1 AC 119
      • (1993–1994) 181 CLR 41
      • [2008] 1 WLR 2416
  2. Breach of Natural Justice
    • Outcome: The court found that the decision of the Defendant’s Committee to suspend the Plaintiff’s membership violated the rules of natural justice.
    • Category: Substantive
    • Sub-Issues:
      • Failure to act fairly
      • Failure to provide adequate notice
      • Failure to provide a fair opportunity to be heard
    • Related Cases:
      • [2008] 2 SLR(R) 802
  3. Ultra Vires
    • Outcome: The court found that the second finding of the Disciplinary Meeting could not stand as it would be ultra vires the Constitution.
    • Category: Substantive
    • Sub-Issues:
      • Disciplinary proceedings against a Committee Member
      • Misconceived finding of misconduct

8. Remedies Sought

  1. Setting aside of the suspension
  2. Damages
  3. Costs

9. Cause of Actions

  • Breach of Contract
  • Breach of Natural Justice

10. Practice Areas

  • Civil Litigation
  • Disciplinary Proceedings

11. Industries

  • Recreation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Haron bin Mundir v Singapore Amateur Athletic AssociationHigh CourtYes[1991] 2 SLR(R) 494SingaporeCited for the principle that the relationship between a member and a social club is founded on contract.
The Stansfield Group Pte Ltd (trading as Stansfield College) and another v Consumers’ Association of Singapore and anotherHigh CourtYes[2011] 4 SLR 130SingaporeCited for the principle that the relationship between a member and a social club is founded on contract.
Kay Swee Pin v Singapore Island Country ClubCourt of AppealYes[2008] 2 SLR(R) 802SingaporeCited for the principle that a club must comply with the rules of natural justice when expelling a member and that a duty to act in accordance with natural justice is a duty to act fairly.
Re Shankar Alan s/o Anant KulkarniHigh CourtYes[2007] 1 SLR(R) 85SingaporeCited for the principle that natural justice involves a duty to act fairly which encompasses a duty to act impartially and for analysis of the test for apparent bias.
Tang Kin Hwa v Traditional Chinese Medicine Practitioners BoardHigh CourtYes[2005] 4 SLR(R) 604SingaporeCited for discussion of the tests for apparent bias.
Tang Liang Hong v Lee Kuan YewCourt of AppealYes[1997] 3 SLR(R) 576SingaporeCited for the test to be applied in determining whether there is any apparent bias on the part of the tribunal hearing the case.
R v West Midlands and North West Mental Health Review TribunalEngland and Wales Court of Appeal (Civil Division)Yes[2004] EWCA Civ 311England and WalesCited for the principle that public perception of a possibility of unconscious bias is key.
Lim Mey Lee Susan v Singapore Medical CouncilHigh CourtYes[2011] 4 SLR 156SingaporeCited for the principle that public perception of a possibility of unconscious bias is key.
R v Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte (No 2)House of LordsYes[2000] 1 AC 119United KingdomCited for the principle that justice must be seen to be done and that the appearance of the matter is just as important as the reality.
Webb v The QueenHigh Court of AustraliaYes(1993–1994) 181 CLR 41AustraliaCited for the categories of disqualification by reason of the appearance of bias.
Laws v Australian Broadcasting TribunalHigh Court of AustraliaYes(1990) 170 CLR 70AustraliaCited to support the view that acquaintanceship with and preconceived views about a party may be permissible and unobjectionable.
Helow v Secretary of State for the Home Department and anotherHouse of LordsYes[2008] 1 WLR 2416United KingdomCited for the qualities of a fair-minded observer.
Anwar Siraj v Tang I FangHigh CourtYes[1981–1982] SLR(R) 391SingaporeCited for consideration of the principle of necessity.
Fadzil bin Mohamed Noor v Universiti Teknologi MalaysiaHigh CourtYes[1981] 2 MLJ 196MalaysiaCited for the application of the principle of necessity in private associations.
Datuk T P Murugasu v Wong Hung NungHigh CourtYes[1988] 1 MLJ 291MalaysiaCited for the application of the principle of necessity in private associations.
Mitchell v Royal New South Wales Canine Council LtdNew South Wales Court of AppealYes(2001) 52 NSWLR 242AustraliaCited for the principle that the rule against duplicity is one of elementary fairness.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Apparent bias
  • Natural justice
  • Unincorporated association
  • Disciplinary proceedings
  • E-blast
  • No Confidence Resolution
  • Ultra vires
  • Honorary Secretary
  • Committee Member

15.2 Keywords

  • Singapore Polo Club
  • Disciplinary proceedings
  • Apparent bias
  • Natural justice
  • Lawrence Khong

17. Areas of Law

Area NameRelevance Score
Club Law70
Unincorporated Associations50
Administrative Law40
Contract Law30
Litigation30
Company Law30
Corporate Law20
Business Law20
Property Law10
Torts10

16. Subjects

  • Clubs and Associations
  • Disciplinary Proceedings
  • Administrative Law