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 Singapore1.2 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 Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chee Hock Keng | Appellant | Association | Appeal Dismissed | Lost | N Sreenivasan, Choo Si Sen, Liow Wang Wu Joseph, Timothy Soo Zhi Ren |
| Chu Sheng Temple | Respondent | Association | Appeal Dismissed | Won | Daniel Koh Choon Guan, Amanda Lim Jia Yan, Koh Huini Valerie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Judge of Appeal | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N Sreenivasan | Straits Law Practice LLC |
| Choo Si Sen | Straits Law Practice LLC |
| Liow Wang Wu Joseph | Straits Law Practice LLC |
| Timothy Soo Zhi Ren | Straits Law Practice LLC |
| Daniel Koh Choon Guan | Eldan Law LLP |
| Amanda Lim Jia Yan | Eldan Law LLP |
| Koh Huini Valerie | Eldan Law LLP |
4. Facts
- Chee Hock Keng Temple, Hwa Tong Hoo Temple, and Ling Chuan Giam Temple merged to form Chu Sheng Temple in 1978.
- Chee Hock Keng registered as an association under the Societies Act in June 2014.
- Disagreements arose within Chu Sheng Temple's management committee in 2014.
- 11 members of Chee Hock Keng Temple registered themselves as 'Chee Hock Keng' under the Societies Act.
- 15 members of Chee Hock Keng Temple's management committee were expelled from Chu Sheng Temple.
- Chee Hock Keng filed OS 1049 seeking declarations and orders against Chu Sheng Temple.
- Chu Sheng Temple filed Suit 1339 against Chee Hock Keng to recover misappropriated funds and cancel its registration.
5. Formal Citations
- Chee Hock Keng v Chu Sheng Temple, Civil Appeal No 82 of 2015, [2016] SGCA 34
6. Timeline
| Date | Event |
|---|---|
| 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
- 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
- Declaration that Expulsion was Ultra Vires
- Restraint from Preventing Access to Property
- Declaration that 28 October EGM was Ultra Vires
- Order that Appellant has Sole Authority to Appoint Members
- 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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chen Cheng and another v Central Christian Church and another appeal | Court of Appeal | Yes | [1995] 3 SLR(R) 806 | Singapore | Cited 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 Temple | High Court | Yes | [2015] SGHC 192 | Singapore | Cited 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 Name | Jurisdiction |
|---|---|
| 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
16. Subjects
- Societies
- Associations
- Civil Procedure
- Legal Standing
17. Areas of Law
- Societies
- Unincorporated Associations
- Civil Procedure