Chee Hock Keng v Chu Sheng Temple: Standing of Unincorporated Association to Sue

The Court of Appeal of Singapore heard an appeal by Chee Hock Keng against Chu Sheng Temple regarding the former's standing to bring a claim. Chee Hock Keng, an unincorporated association, claimed rights as a constituent temple of Chu Sheng Temple. The court dismissed the appeal, holding that Chee Hock Keng, as an unregistered entity, lacked the legal standing to sue. The court awarded costs to Chu Sheng Temple.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal held that Chee Hock Keng, an unregistered association, lacked standing to sue Chu Sheng Temple, as it had no legal existence separate from its members.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chee Hock KengAppellantAssociationAppeal DismissedLost
Chu Sheng TempleRespondentAssociationAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Chao Hick TinJudge of AppealYes
Andrew Phang Boon LeongJudge of AppealNo

4. Counsels

Counsel NameOrganization
N SreenivasanStraits Law Practice LLC
Choo Si SenStraits Law Practice LLC
Liow Wang Wu, JosephStraits Law Practice LLC
Timothy Soo Zhi RenStraits Law Practice LLC
Koh Huini ValerieEldan Law LLP
Amanda Lim Jia YanEldan Law LLP
Daniel Koh Choon GuanEldan Law LLP

4. Facts

  1. Chee Hock Keng Temple, Hwa Tong Hoo Temple, and Ling Chuan Giam Temple merged to form Chu Sheng Temple in 1978.
  2. Chee Hock Keng registered as an association under the Societies Act in June 2014.
  3. Disagreements arose within Chu Sheng Temple's management committee in 2014.
  4. 11 members of Chee Hock Keng Temple registered themselves as 'Chee Hock Keng' under the Societies Act.
  5. 15 members of Chee Hock Keng Temple's management committee were expelled from Chu Sheng Temple.
  6. Chee Hock Keng filed OS 1049 seeking declarations and orders against Chu Sheng Temple.
  7. Chu Sheng Temple filed Suit 1339 against Chee Hock Keng to recover misappropriated funds and cancel its registration.

5. Formal Citations

  1. Chee Hock Keng v Chu Sheng Temple, Civil Appeal No 82 of 2015, [2016] SGCA 34

6. Timeline

DateEvent
Chu Sheng Temple registered as a society.
Annual General Meeting of Chu Sheng Temple held.
Chee Hock Keng registered under the Societies Act.
Extraordinary General Meeting of Chu Sheng Temple held.
Remaining sum of $11,212.00 withdrawn from OCBC bank account.
Another Extraordinary General Meeting held.
Chee Hock Keng filed Originating Summons No 1049.
Aw Chui Seng’s affidavit dated.
Chu Sheng Temple brought Suit No 1339 of 2014.
Application for interim injunction dismissed by the Judge.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Standing to Sue
    • Outcome: The court held that the Appellant, being an unregistered unincorporated association, lacked the legal standing to sue.
    • Category: Procedural
    • Sub-Issues:
      • Legal personality of unincorporated associations
      • Capacity to enter into contracts
    • Related Cases:
      • [1995] 3 SLR(R) 806

8. Remedies Sought

  1. Declaration that Expulsion was Ultra Vires
  2. Restraint from Preventing Access to Property
  3. Declaration that 28 October EGM was Ultra Vires
  4. Order that Appellant has Sole Authority to Appoint Members
  5. Declaration that Respondent's Trustees Held Share of Leasehold on Trust for Appellant

9. Cause of Actions

  • Breach of Rights as Constituent Temple

10. Practice Areas

  • Civil Litigation

11. Industries

  • Religious Organizations

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chen Cheng and another v Central Christian Church and another appealCourt of AppealYes[1995] 3 SLR(R) 806SingaporeCited for the principle that an unincorporated association is not a legal entity capable of suing or being sued in its own name unless conferred by statute.
Chee Hock Keng v Chu Sheng TempleHigh CourtYes[2015] SGHC 192SingaporeCited as the judgment being appealed, where the action was dismissed due to the Appellant lacking standing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Societies Act (Cap 311, 2014 Rev Ed)Singapore
Interpretation Act (Cap 1, 2002 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Unincorporated Association
  • Standing
  • Societies Act
  • Constituent Temple
  • Expulsion
  • Legal Personality
  • Registered Society

15.2 Keywords

  • unincorporated association
  • standing to sue
  • societies act
  • chee hock keng
  • chu sheng temple

17. Areas of Law

Area NameRelevance Score
Unincorporated Associations90
Administrative Law30
Company Law20
Companies Act20
Corporate Law20
Property Law10
Restructuring and Insolvency10

16. Subjects

  • Societies
  • Associations
  • Civil Procedure
  • Legal Standing