Chee Hock Keng v Chu Sheng Temple: Identity of Temple & Unlawful Expulsion Dispute
Chee Hock Keng, a registered society, sued Chu Sheng Temple, a confederation of temples, claiming unlawful expulsion of its representatives and seeking declarations and orders related to property and access. The High Court of Singapore, presided over by Aedit Abdullah JC, dismissed Chee Hock Keng's application on 23 July 2015, finding that Chee Hock Keng failed to prove it was the same entity as the Chee Hock Keng sub-temple referred to in Chu Sheng Temple's constitution. The court also addressed arguments regarding property rights and the power to expel members.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over Chee Hock Keng's identity as a member of Chu Sheng Temple and alleged unlawful expulsion. The court dismissed Chee Hock Keng's application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chee Hock Keng | Plaintiff | Association | Application Dismissed | Lost | |
| Chu Sheng Temple | Defendant | Association | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The Plaintiff, a registered society, claimed membership in the Defendant, a confederation of temples.
- The Plaintiff alleged unlawful expulsion of its representatives from the Defendant.
- The Defendant argued the Plaintiff was a separate society and not the Chee Hock Keng sub-temple.
- The Plaintiff sought declarations and orders related to property, access, and status within the Defendant.
- The Defendant was formed in 1978 from the relocation of three temples.
- A dispute arose in 2014 after the Plaintiff registered as a society.
- The Defendant's constitution recognizes each sub-temple as having a separate existence with specific functions.
5. Formal Citations
- Chee Hock Keng v Chu Sheng Temple, Originating Summons 1049 of 2014, [2015] SGHC 192
- Chee Hock Keng v Chu Sheng Temple, Civil Appeal No 82 of 2015, [2016] SGCA 34
6. Timeline
| Date | Event |
|---|---|
| Chu Sheng Temple formed | |
| Chee Hock Keng registered as a society | |
| Concerns raised about withdrawal of money from bank account | |
| Extraordinary general meeting of Chu Sheng Temple held | |
| New Chee Hock Keng sub-committee constituted | |
| Chee Hock Keng filed an application | |
| Judgment reserved | |
| Appeal dismissed by the Court of Appeal |
7. Legal Issues
- Standing
- Outcome: The court found that the Plaintiff lacked standing to pursue the action because it failed to establish that it was the sub-temple contemplated by the Defendant’s Constitution.
- Category: Procedural
- Sub-Issues:
- Failure to prove identity as sub-temple
- Expulsion of Members
- Outcome: The court found that the Defendant’s Constitution did not allow for the expulsion of members without an amendment to the Constitution.
- Category: Substantive
- Ownership Rights and Interests of a Sub-Temple
- Outcome: The court held that the sub-temples do not each have a one-third undivided share of the leasehold interest held by the Defendant.
- Category: Substantive
- Breach of Natural Justice
- Outcome: The court was satisfied that there was no breach of the requirements of natural justice in the present case.
- Category: Substantive
8. Remedies Sought
- Declaration that expulsion was ultra vires
- Order restraining prevention of access to temple premises
- Declaration that Plaintiff has sole authority to appoint representatives
- Declaration that Defendant's trustees hold a one-third undivided share of the leasehold on trust for the Plaintiff
- Damages to be assessed
9. Cause of Actions
- Declaration
- Injunction
10. Practice Areas
- Civil Litigation
11. Industries
- Religious Institutions
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Khoo Jeffrey and others v Life Bible-Presbyterian Church and others | Court of Appeal | Yes | [2011] 3 SLR 500 | Singapore | Cited to support the contention that the Chee Hock Keng sub-temple was a distinct entity and that the Plaintiff was indeed that same sub-temple. |
| Foo Jong Peng and others v Phua Kiah Mai and another | Court of Appeal | Yes | [2012] 4 SLR 1267 | Singapore | Cited for the proposition that a term empowering expulsion should not be implied on the usual test. |
| Khong Kin Hoong Lawrence v Singapore Polo Club | High Court | Yes | [2014] 3 SLR 241 | Singapore | Cited in support of the submission that there was no apparent bias, and that necessity required the management committee to act as there was no other mechanism to deal with the issue. |
| In re Bucks Constabulary Widows’ and Orphans’ Fund Friendly Society (No. 2) | Chancery Division | Yes | [1979] 1 WLR 936 | England and Wales | Cited for the principle that the property of an unincorporated association is usually held by its trustees or its members and that such property is held under the contract between the members. |
| Dawkins v Antrobus | Chancery Division | Yes | (1881) 17 Ch D 615 | England and Wales | Cited for the principle that there is no general power of expulsion. |
| McVitae and others v Unison | Employment Appeal Tribunal | Yes | [1996] IRLR 33 | United Kingdom | Cited for the proposition that a power to expel or discipline can be implied if there are compelling reasons. |
| Innes v Wylie and Others | Court of Exchequer | Yes | (1844) 174 ER 800 | England and Wales | Cited for the proposition that the majority at a general meeting may remove a member. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Societies Act (Cap 311) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sub-temple
- Confederation
- Expulsion
- Standing
- Ultra vires
- Natural justice
- Membership
- Constitution
15.2 Keywords
- temple
- society
- expulsion
- standing
- singapore
- chee hock keng
- chu sheng temple
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Temple Law | 50 |
| Corporate Law | 40 |
| Property Law | 30 |
| Societies Law | 30 |
| Administrative Law | 20 |
| Contract Law | 20 |
16. Subjects
- Temple Administration
- Societies
- Unincorporated Associations
- Religious Organizations