Ng Keng Tiong v Lee Soy Tee: Validity of Buddhist Association's Management Committee Elections
In Ng Keng Tiong v Lee Soy Tee, the High Court of Singapore addressed challenges brought by Ng Keng Tiong against the validity of the San Jiao Sheng Tang Buddhist Association's Management Committee elections in 2016 and 2017. The Plaintiff sought declarations that the elections were null and void. The court dismissed Originating Summons No 605 of 2016 against the Individual Defendants, dismissed prayer 1 of OS 605/16, dismissed prayer 2 of OS 493/17, and made no order on prayer 1 of OS 493/17.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Originating Summons No 605 of 2016 dismissed against the Individual Defendants; prayer 1 of OS 605/16 dismissed; prayer 2 of OS 493/17 dismissed; no order on prayer 1 of OS 493/17.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court case regarding the validity of the San Jiao Sheng Tang Buddhist Association's Management Committee elections. The court dismissed the challenges to the elections.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Keng Tiong | Plaintiff | Individual | Claim Dismissed | Dismissed | Tan Yew Cheng |
| Lee Soy Tee | Defendant | Individual | Claim Dismissed | Dismissed | Aw Wee Chong Nicholas |
| Neo Hin Chai | Defendant | Individual | Claim Dismissed | Dismissed | Aw Wee Chong Nicholas |
| Tan Ser Hui | Defendant | Individual | Claim Dismissed | Dismissed | Aw Wee Chong Nicholas |
| San Jiao Sheng Tang Buddhist Association | Defendant | Association | Claim Dismissed | Dismissed | Yee May Kuen Peggy Sarah, Audrey Liaw Shu Juan, Valencia Soh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Yew Cheng | Leong Partnership |
| Aw Wee Chong Nicholas | Clifford Law LLP |
| Yee May Kuen Peggy Sarah | PY Legal LLC |
| Audrey Liaw Shu Juan | PY Legal LLC |
| Valencia Soh | PY Legal LLC |
4. Facts
- The Plaintiff challenged the validity of the election of MC members at the Association's 2016 and 2017 AGMs.
- The Association's constitution outlines the management and election processes.
- The Plaintiff alleged that the election of certain members was invalid due to procedural irregularities.
- The Association argued that the elections followed past practices and were approved by their Supreme Leader.
- A letter requesting a motion of no confidence against the Individual Defendants was not raised at the 2017 AGM.
- The MC decided against holding an election at the 2016 AGM and also at the 2017 AGM.
5. Formal Citations
- Ng Keng Tiong v Lee Soy Tee and others, , [2018] SGHC 03
6. Timeline
| Date | Event |
|---|---|
| Association registered under the Societies Act | |
| Founder of the Association, Dr Soon Cheong Jian, passed away | |
| Association operated from 32 Tai Seng Avenue Singapore | |
| Plaintiff applied for membership | |
| 2016 Annual General Meeting held | |
| Plaintiff commenced Originating Summons No 605 of 2016 | |
| Individual Defendants filed Summons No 4529 of 2016 to strike out OS 605/16 | |
| Plaintiff filed Summons No 5619 of 2016 to add the Association as 4th Defendant in OS 605/16 | |
| Assistant Registrar granted the application to add the Association as 4th Defendant in OS 605/16 | |
| MC meeting decided on names of new nominees | |
| HM approved the three new names | |
| Notice of Annual General Meeting 2017 issued | |
| Low and Chia sent a letter to the Association | |
| MC discussed the letter | |
| Two MC members spoke to Low | |
| D2 sent a letter addressed to the members of the Association | |
| 2017 Annual General Meeting held | |
| Plaintiff commenced a second action in OS 493 of 2017 | |
| Plaintiff filed Summons 2070 of 2017 to amend OS 605/16 | |
| Joint affidavit filed for the Association | |
| Low's second affidavit for OS 493/17 affirmed | |
| Court allowed the Plaintiff’s application to amend | |
| Lee Soy Tee passed away | |
| Summons 5400 of 2017 dismissed | |
| Judgment date |
7. Legal Issues
- Validity of Election
- Outcome: The court held that the elections were not invalid.
- Category: Substantive
- Sub-Issues:
- Failure to conduct proper voting
- Improper nomination process
- Breach of constitution
- Breach of Contract
- Outcome: The court found no breach of contract.
- Category: Substantive
- Sub-Issues:
- Breach of the Association's Constitution
8. Remedies Sought
- Declaration that the election of the office bearers/MC members of the Association at its annual general meeting held on 20 March 2016 is null and void
- Declaration that the election of the Individual Defendants to the MC at the annual general meeting held on 26 March 2017 is null and void or invalid
- Costs of the proceedings
9. Cause of Actions
- Breach of Contract
- Declaration that election is null and void
10. Practice Areas
- Civil Litigation
11. Industries
- Religious Organizations
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vellama d/o Marie Muthu v Attorney-General | High Court | Yes | [2012] 4 SLR 698 | Singapore | Cited to define 'election' as either an event or a process. |
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
- Management Committee
- Annual General Meeting
- Societies Act
- Constitution
- Election
- Motion of No Confidence
- Buddha Session
- Office-bearers
15.2 Keywords
- association
- election
- management committee
- buddhist
- constitution
- singapore
16. Subjects
- Associations Law
- Election Disputes
- Constitutional Interpretation
17. Areas of Law
- Unincorporated Associations and Trade Unions
- Meetings
- Constitution
- Societies Act