Lian Chee Kek Buddhist Temple v Ong Ai Moi: Charity Proceedings, Legal Capacity, and Striking Out

In Lian Chee Kek Buddhist Temple v Ong Ai Moi, the High Court of Singapore addressed whether Lian Chee Kek Buddhist Temple, a registered charitable trust, had the legal capacity to sue the defendants, Ong Ai Moi, Ho Thien Chan, and Tan Mary, for a declaration that they hold certain land as trustees for the Plaintiff and for their replacement as trustees. The defendants applied to strike out the originating summons, arguing the Plaintiff lacked legal personality. The court allowed the defendants' appeal, holding that the Plaintiff, as an unregistered unincorporated association, lacked the capacity to sue and dismissed the application for joinder.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Appeal allowed in both Registrar's Appeals Nos 40 and 41 of 2023; application for joinder dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The court addressed whether a registered charity trust has the legal capacity to sue and the validity of striking out the originating summons.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lian Chee Kek Buddhist TemplePlaintiffTrustClaim DismissedDismissed
Ong Ai MoiDefendant, AppellantIndividualAppeal AllowedWon
Ho Thien ChanDefendant, AppellantIndividualAppeal AllowedWon
Tan MaryDefendant, AppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Philip JeyaretnamJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Hui Choon WaiWee Swee Teow LLP
Marcus Chia Hao JunWee Swee Teow LLP
Giam Chin Toon SCWee Swee Teow LLP
Tan Tee Jim SCLee & Lee
Yan ChongshuoLee & Lee
Chee Kai HaoLee & Lee

4. Facts

  1. A deed of indenture dated 21 January 1958 conveyed land to trustees to be used as a place of public worship.
  2. The Plaintiff, Lian Chee Kek Buddhist Temple, is a charitable trust registered under the Charities Act.
  3. The defendants are the current trustees of the Trust.
  4. The Plaintiff sought a declaration that the defendants hold the land as trustees for the Plaintiff.
  5. The defendants applied to strike out the originating summons on the ground that the Plaintiff does not exist in law.
  6. The Plaintiff argued that registration as a charity conferred the capacity to commence charity proceedings under s 32 of the Charities Act.
  7. Two members of the Plaintiff's management committee applied to be joined as plaintiffs.

5. Formal Citations

  1. Lian Chee Kek Buddhist Temple v Ong Ai Moi and others, Originating Summons No 656 of 2021 (Registrar’s Appeals Nos 40 and 41 of 2023), [2023] SGHC 172

6. Timeline

DateEvent
Deed of indenture established the Trust
First defendant appointed as trustee
Second and third defendants appointed as trustees
Trustees applied to Commissioner for Charities to alter objects of the Trust
Trustees issued notice to quit to Abbot Tjie
Application for registration of charity made by Abbot Tjie
Plaintiff registered as a charity
Additions and alterations to the Premises commenced
Additions and alterations to the Premises completed
Plaintiff sought approval of renovation works
URA required Plaintiff to provide consent from registered proprietors
Plaintiff requested defendants to sign and return consent
Plaintiff requested defendants to sign deed of retirement
Plaintiff convened general meeting and passed resolutions to remove defendants as trustees
Plaintiff filed originating summons
Plaintiff obtained authority from the Commissioner
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Legal capacity of a charitable trust to sue
    • Outcome: The court held that registration as a charity does not confer legal personality or the capacity to sue.
    • Category: Substantive
    • Sub-Issues:
      • Whether registration as a charity confers legal personality
      • Interpretation of s 32 of the Charities Act 1994
  2. Validity of striking out an originating summons
    • Outcome: The court allowed the appeal and struck out the originating summons.
    • Category: Procedural
    • Sub-Issues:
      • Whether the plaintiff has standing to sue
      • Whether the originating summons is in the correct form
  3. Propriety of joinder of additional plaintiffs
    • Outcome: The court dismissed the application for joinder.
    • Category: Procedural
    • Sub-Issues:
      • Whether the additional plaintiffs are necessary parties
      • Whether joinder is fair and just

8. Remedies Sought

  1. Declaration that the defendants hold certain land and premises as trustees on trust for the Plaintiff
  2. Replacement of the defendants as trustees with certain senior Worshippers as new trustees
  3. Declaration vesting the Premises in new trustees

9. Cause of Actions

  • Breach of Trust

10. Practice Areas

  • Charity Law
  • Civil Litigation

11. Industries

  • Religious Organizations

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Life Bible-Presbyterian Church v Khoo Eng Teck Jeffrey and others and another suitHigh CourtYes[2010] SGHC 187SingaporeCited for the principle that an unincorporated association is a group of persons organized for a common purpose and bound by contractual rules governing their association.
Conservative and Unionist Central Office v Burrell (Inspector of Taxes)N/AYes[1982] 1 WLR 522N/ACited for the principle that an unincorporated association is a group of persons organized for a common purpose and bound by contractual rules governing their association.
Zhao Hui Fang and others v Commissioner of Stamp DutiesHigh CourtYes[2017] 4 SLR 945SingaporeCited for the principle that the charitable purpose, and indeed the charitable status, is distinct from the institutional form.
Khoo Jeffrey and others v Life Bible-Presbyterian Church and othersHigh CourtYes[2011] 3 SLR 500SingaporeCited for the principle that the charitable purpose, and indeed the charitable status, is distinct from the institutional form.
Chee Hock Keng v Chu Sheng TempleCourt of AppealYes[2016] 3 SLR 1396SingaporeCited for the principle that an unincorporated association is not a legal entity capable of suing or being sued in its own name.
Chen Cheng v Central Christian ChurchN/AYes[1995] 3 SLR (R) 806N/ACited for the principle that an unincorporated association is not a legal entity capable of suing or being sued in its own name.
Ernest Ferdinand Perez De La Sala v Compañia De Navegación Palomar, SA and others and other appealsCourt of AppealYes[2018] 1 SLR 894SingaporeCited regarding considerations of fairness and the balance of justice in determining whether or not to permit joinder.
Singapore Shooting Association and others v Singapore Rifle AssociationCourt of AppealYes[2020] 1 SLR 395SingaporeCited for the principle that any authorisation obtained from the Commissioner to commence charity proceedings will be interpreted strictly.

13. Applicable Rules

Rule Name
Rules of Court 2021
Rules of Court (2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Charities Act 1994Singapore
Government Proceedings Act 1956Singapore
Societies Act 1966Singapore
Trustees Act 1967Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Charitable trust
  • Trustees
  • Originating summons
  • Legal capacity
  • Striking out
  • Joinder
  • Unincorporated association
  • Charity proceedings
  • Government Proceedings Act
  • Charities Act

15.2 Keywords

  • charity
  • trust
  • legal capacity
  • striking out
  • joinder
  • Singapore
  • Buddhist Temple

17. Areas of Law

Area NameRelevance Score
Charity Law90
Trust Law85
Trusts and Estates80
Charitable Giving75
Chancery and Equity70
Civil Practice60
Legal Personality50
Unincorporated Associations45
Property Law40
Administrative Law30
Contract Law20
Corporate Law20

16. Subjects

  • Charity Law
  • Trust Law
  • Civil Procedure