Sim Yong Teng v Singapore Swimming Club: Breach of Natural Justice & Club Membership Suspension
Mr. Sim Yong Teng and Mdm. Goh Eng Eng sued the Singapore Swimming Club in the High Court of Singapore, seeking to overturn the Club's decision to suspend their membership. The suspension stemmed from Mr. Sim's insider trading conviction. The plaintiffs argued the decision breached natural justice and Club rules. Chan Seng Onn J. dismissed the application, finding no breach of natural justice and that the Club's decision was valid under its rules.
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
Singapore High Court judgment on whether the Singapore Swimming Club breached natural justice in suspending Sim Yong Teng's membership.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sim Yong Teng | Plaintiff | Individual | Application dismissed | Lost | Ragbir Singh s/o Ram Singh Bajwa |
| Goh Eng Eng | Plaintiff | Individual | Application dismissed | Lost | Ragbir Singh s/o Ram Singh Bajwa |
| Singapore Swimming Club | Defendant | Association | Application dismissed | Won | Chan Man Phing, Ng Shu Ping |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ragbir Singh s/o Ram Singh Bajwa | Bajwa & Co |
| Chan Man Phing | WongPartnership LLP |
| Ng Shu Ping | WongPartnership LLP |
4. Facts
- Mr. Sim was convicted of insider trading under the Securities and Futures Act.
- The Singapore Swimming Club's Management Committee (MC) decided to suspend Mr. Sim's membership under Rule 15(d).
- The MC's decision was based on the conviction involving dishonesty or moral turpitude.
- The plaintiffs argued the MC's decision breached natural justice due to predetermination.
- The MC excluded members involved in a prior decision on the same matter.
- The plaintiffs' membership was a Family Membership.
- The MC relied on the statement of facts from the insider trading conviction.
5. Formal Citations
- Sim Yong Teng and another v Singapore Swimming Club, Originating Summons No 144 of 2014, [2015] SGHC 82
6. Timeline
| Date | Event |
|---|---|
| First plaintiff convicted of offences under the Securities and Futures Act and the Companies Act. | |
| Management Committee decided to suspend the membership of the first plaintiff. | |
| Order granted declaring the 3 April Decision null and void for breach of natural justice. | |
| New Management Committee decided to restart the process under Rule 15(d) against the plaintiffs. | |
| Management Committee meeting held; plaintiffs suspended. | |
| Originating Summons No 144 of 2014 filed. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice, holding that the Management Committee acted fairly and bona fide.
- Category: Substantive
- Sub-Issues:
- Predetermination
- Bias
- Related Cases:
- [2008] 2 SLR(R) 802
- [2014] 3 SLR 241
- [2007] 1 SLR(R) 85
- Interpretation of Club Rules
- Outcome: The court held that the plaintiffs' Family Membership was a single membership, and the suspension of the first plaintiff's membership necessarily resulted in the suspension of the second plaintiff's rights and privileges.
- Category: Substantive
- Sub-Issues:
- Cessation of Membership
- Family Membership
- Applicability of Principle of Necessity
- Outcome: The court found that the principle of necessity applied, allowing the Management Committee to decide the matter despite potential bias.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR(R) 774
- Moral Turpitude
- Outcome: The court upheld the Management Committee's finding that the Insider Trading Conviction involved an element of moral turpitude.
- Category: Substantive
8. Remedies Sought
- Declaration that the 8 October Decision was null and void
9. Cause of Actions
- Breach of Contract
- Breach of Natural Justice
10. Practice Areas
- Civil Litigation
11. Industries
- Recreation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kay Swee Pin v Singapore Island Country Club | Court of Appeal | Yes | [2008] 2 SLR(R) 802 | Singapore | Cited for the principle that social clubs must comply with the rules of natural justice when expelling a member and that the legal relationship between a club and its members is contractual. |
| Khong Kin Hoong Lawrence v Singapore Polo Club | High Court | Yes | [2014] 3 SLR 241 | Singapore | Cited for the principle that the rules of natural justice are implied terms of the contract between a club and its members and that these rules require the club to act fairly against its members. |
| Chiam See Tong v Singapore Democratic Party | High Court | Yes | [1993] 3 SLR(R) 774 | Singapore | Cited for the application of the principle of necessity, allowing a biased committee to sit in judgment when no alternative tribunal exists. |
| Regina (Lewis) v Redcar and Cleveland Borough Council | Court of Appeal | Yes | [2009] 1 WLR 83 | England and Wales | Cited for the distinction between predisposition and predetermination in decision-making, emphasizing that decision-makers must keep an open mind. |
| Re Shankar Alan s/o Anant Kulkarni | High Court | Yes | [2007] 1 SLR(R) 85 | Singapore | Cited for the test for apparent bias, focusing on whether a reasonable person would have a reasonable suspicion that a fair trial is not possible. |
| Gillies v Secretary of State for Work and Pensions | Court of Appeal | Yes | [2006] 1 All ER 731 | England and Wales | Cited for the elaboration of the reasonable and fair-minded person, who is assumed to have access to all the facts and is able to distinguish between relevant and irrelevant information. |
| R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) | House of Lords | Yes | [2000] 1 AC 119 | United Kingdom | Cited for the principle that justice must be seen to be done, and the appearance of the matter is just as important as the reality. |
| Locabail (UK) Ltd v Bayfield Properties | Court of Appeal | Yes | [2000] QB 451 | England and Wales | Cited to guard against inappropriate reliance on special knowledge, the minutiae of court procedure or other matters outside the ken of the ordinary reasonably well informed member of the public. |
| De Souza Lionel Jerome v Attorney-General | High Court | Yes | [1992] 3 SLR(R) 552 | Singapore | Cited for the principle that the reasonable person should have knowledge of all matters in evidence before the court where the decision of the tribunal is challenged. |
| Chan Cheng Wah Bernard and others v Koh Sin Chong Freddie and another appeal | Court of Appeal | Yes | [2012] 1 SLR 506 | Singapore | Cited for the principle that the court will not embark on a minute scrutiny of the correctness of the decision of the MC but will only consider whether the decision was intra vires and bona fide. |
| Peter Thomas Mohan v Air New Zealand Ltd | Privy Council | Yes | [1984] AC 808 | New Zealand | Cited for the principle that findings have to be based on some material or evidence which logically shows the existence of the facts consistent with the finding. |
| Laws v Australian Broadcasting Tribunal | High Court | Yes | [1990] 170 CLR 70 | Australia | Cited for the principle that the doctrine of necessity must prevail over and displace the rules of natural justice to the extent necessary for the purpose to be achieved. |
| Tang Liang Hong v Lee Kuan Yew | Court of Appeal | Yes | [1997] 3 SLR(R) 576 | Singapore | Cited for guidance on applying the reasonable suspicion test for apparent bias. |
| Tang Kin Hwa v Traditional Chinese Medicine Practitioners Board | High Court | Yes | [2005] 4 SLR(R) 604 | Singapore | Cited for dealing with the 'reasonable suspicion of bias' and a 'reasonable likelihood of bias' tests. |
| Anwar Siraj v Tang I Fang | High Court | Yes | [1981-1982] SLR(R) 391 | Singapore | Cited for the rule of necessity. |
13. Applicable Rules
| Rule Name |
|---|
| Rule 15(d) of the Singapore Swimming Club Rules |
| Rule 21(c) of the Singapore Swimming Club Rules |
| rule 21(a)(vii) of the Club Rules |
| rule 4(n) of the Club Rules |
| rule 7(f) of the Club Rules |
| rule 13 of the Club Rules |
| rule 13(g)(iv) of the Club Rules |
| rule 15(f) of the Club Rules |
| Rule 22 of the Club Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Securities and Futures Act (Cap 289, 2006 Rev Ed) | Singapore |
| s 218(2) of the SFA | Singapore |
| Companies Act (Cap 50, 1994 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Natural Justice
- Management Committee
- Club Rules
- Family Membership
- Insider Trading
- Moral Turpitude
- Predetermination
- Bias
- Principle of Necessity
15.2 Keywords
- Singapore Swimming Club
- Membership Suspension
- Natural Justice
- Insider Trading
- Club Rules
- Singapore Law
16. Subjects
- Club Membership
- Breach of Natural Justice
- Contract Law
- Administrative Law
17. Areas of Law
- Administrative Law
- Contract Law
- Club Rules
- Natural Justice