Tan Wee Tin v Singapore Swimming Club: Stay of Proceedings & Disciplinary Action
The High Court of Singapore heard an application by the Singapore Swimming Club for a stay of proceedings in Originating Summons No 598 of 2017, commenced by Tan Wee Tin, Teo Lee Leng, and Tang Hock Keng, three former members of the Club's Management Committee. The Club sought the stay on the grounds that the Plaintiffs had failed to exhaust internal appellate processes and comply with the dispute resolution clause stipulated under the Club’s Rules. The court granted the application, ordering a stay of proceedings pending compliance with the Club's internal processes.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application granted; proceedings stayed pending internal appellate process and dispute resolution.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore High Court addressed a stay of proceedings in a dispute over disciplinary actions against former Singapore Swimming Club members.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Wee Tin | Plaintiff, Respondent | Individual | Proceedings stayed | Stayed | |
| Teo Lee Leng | Plaintiff, Respondent | Individual | Proceedings stayed | Stayed | |
| Tang Hock Keng | Plaintiff, Respondent | Individual | Proceedings stayed | Stayed | |
| Singapore Swimming Club | Defendant, Applicant | Association | Application granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chang Man Phing | WongPartnership LLP |
| Dynyse Loh | WongPartnership LLP |
| Aloysius Tan | WongPartnership LLP |
4. Facts
- The Plaintiffs are three former members of the Management Committee of the Singapore Swimming Club.
- The Plaintiffs were part of the Management Committee that held office for the term of May 2011 to May 2012.
- The Defendant sought a stay of proceedings commenced by the Plaintiffs, arguing failure to exhaust internal appellate processes.
- The Defendant also argued failure to comply with the dispute resolution clause stipulated under the Club’s Rules.
- The Plaintiffs were subject to disciplinary proceedings for reaffirming an indemnity resolution and paying Mr. Koh's legal expenses.
- The Plaintiffs argued that the disciplinary proceedings were improper and dealt with matters for which they had already been punished.
- The Club's Rules require members to attempt mediation before proceeding to court.
5. Formal Citations
- Tan Wee Tin and othersv Singapore Swimming Club, HC/OS 598 of 2017HC/SUM 2990 of 2017, [2017] SGHCR 21
6. Timeline
| Date | Event |
|---|---|
| Court of Appeal delivered judgment in Chan Cheng Wah Bernard v Koh Sin Chong Freddie. | |
| The 2011 Management Committee reaffirmed the indemnity resolution. | |
| The 2011 Management Committee reaffirmed the indemnity resolution again. | |
| The 2011 Management Committee unanimously reaffirmed the validity of the Indemnity Resolution. | |
| An extraordinary general meeting of the members resolved to remove Mr Koh as President. | |
| Mr Koh commenced proceedings against the Defendant. | |
| Annual General Meeting held. | |
| The Defendant commenced proceedings to recover the moneys paid towards Mr Koh’s Legal Expenses. | |
| The Court of Appeal issued its judgment in Singapore Swimming Club v Koh Sin Chong Freddie. | |
| Mr Poh Pai Chin lodged a complaint against the 2011 Management Committee members. | |
| The Disciplinary Committee decided to expel the Plaintiffs, with effect from this date. | |
| The Defendant’s general manager informed the Plaintiffs of their Appeals Board hearings. | |
| The Defendant’s general manager informed the Plaintiffs that the Appeals Board had dismissed their appeals. | |
| The Plaintiffs commenced OS 598. | |
| Hearing date. | |
| Hearing date. | |
| Judgment reserved. | |
| Judgment date. |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court granted a stay of proceedings, requiring the plaintiffs to first exhaust the internal appellate process and comply with the dispute resolution clause stipulated in the Club's Rules.
- Category: Procedural
- Sub-Issues:
- Failure to exhaust internal appellate processes
- Failure to comply with dispute resolution clause
- Breach of Fiduciary Duties
- Outcome: The court considered arguments related to whether the disciplinary proceedings dealt with matters for which the Plaintiffs had already been punished, but ultimately rejected the Plaintiffs' arguments.
- Category: Substantive
8. Remedies Sought
- Declaration that the Disciplinary Committee’s decision to expel the Plaintiffs is ultra vires the Club’s Rules
- Injunction to restrain the Defendant from enforcing the expulsion decision
- Restraining order to stop the Defendant from re-initiating fresh disciplinary actions against the Plaintiffs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Dispute Resolution
11. Industries
- Recreation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Cheng Wah Bernard v Koh Sin Chong Freddie | Court of Appeal | Yes | [2012] 1 SLR 506 | Singapore | Cited as the basis for the complaint against the 2011 MC members regarding the reaffirmation of the indemnity resolution and payment of Mr Koh's legal expenses. |
| Kay Swee Pin v Singapore Island Country Club | N/A | Yes | [2008] 2 SLR(R) 802 | Singapore | Cited for the principle that the legal relationship between a club and its members is contractual, and members' rights are determined by the club's rules. |
| Dato’ Hj Talaat bin Hj Husain v Chak Kong Yin | High Court | Yes | [2004] 7 MLJ 295 | Malaysia | Cited for the principle that a member must abide by the procedure in the club rules to appeal against his expulsion, and having failed to do so, cannot challenge the expulsion in court. |
| Borissik Svetlana v Urban Redevelopment Authority | High Court | Yes | [2009] 4 SLR(R) 92 | Singapore | Cited for the principle that an applicant must first exhaust the remedies available before bringing the matter to court in judicial review applications. |
| Tey Tsun Hang v Attorney-General | N/A | Yes | [2015] 1 SLR 856 | Singapore | Cited for the principle that an applicant must first exhaust the remedies available before bringing the matter to court in judicial review applications. |
| R (Echendu) v School of Law, University of Leeds | English High Court | Yes | [2012] EWHC 2080 (Admin); [2012] ELR 449 | England and Wales | Cited for the principle that a party must exhaust internal appellate processes before being permitted to bring the matter to court. |
| Chiu Teng @ Kallang v Singapore Land Authority | High Court | Yes | [2014] 1 SLR 1047 | Singapore | Cited as an example of a departure from the general position that a party must exhaust internal appellate processes before being permitted to bring the matter to court. |
| Singapore Swimming Club v Koh Sin Chong Freddie | Court of Appeal | Yes | [2016] 3 SLR 845 | Singapore | Cited as the decision that led to the complaint against the 2011 MC members, as the Court of Appeal found that Mr Koh had not acted properly in the discharge of his duties. |
| Ten Leu Jiun Jeanne-Marie v National University of Singapore | N/A | Yes | [2015] 5 SLR 438 | Singapore | Cited for the principle that there is no general duty to provide reasons under the common law. |
| Law Society of Singapore v Nathan Edmund | N/A | Yes | [1998] 2 SLR(R) 905 | Singapore | Cited for the principle that double jeopardy cannot arise when a person is faced with different proceedings which are of a completely different nature, even if these may arise from the same set of facts. |
| Cable & Wireless Plc v IBM United Kingdom Ltd | N/A | Yes | [2003] BLR 89 | N/A | Cited for the principle that multi-tiered dispute resolution clauses have been upheld by courts, and proceedings have been stayed in order for the dispute resolution process to be adhered to. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Planning Act (Cap 232, 1998 Rev Ed) | Singapore |
| Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of proceedings
- Disciplinary proceedings
- Internal appellate process
- Dispute resolution clause
- Indemnity resolution
- Management Committee
- Singapore Swimming Club
- Motion of censure and no confidence
- Ultra vires
- Natural justice
15.2 Keywords
- Singapore Swimming Club
- Stay of Proceedings
- Disciplinary Action
- Internal Appeal
- Mediation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disciplinary Proceedings | 80 |
| Civil Procedure | 75 |
| Unincorporated Associations | 70 |
| Administrative Law | 60 |
| Mediation | 40 |
| Arbitration | 30 |
16. Subjects
- Civil Procedure
- Administrative Law
- Unincorporated Associations
- Disciplinary Actions