LIAN CHEE KEK BUDDHIST TEMPLE v ONG AI MOI & 2 Ors

Q: Which legislation does [2023] SGHC 172 consider?

The judgment refers to Charities Act, Government Proceedings Act (Cap 121), Societies Act (Cap 311), and Trustees Act (Cap 337). The statutes cited are listed in full on this page, each linking to its primary text.

[2023] SGHC 172 High Court (General Division) 19 June 2023 HC/OS 656/2021 ( HC/RA 41/2023,HC/RA 40/2023 ) 27 min read

7 cases cited (6 SG, 1 foreign) Cited by 1 case

Outcome

Appeal allowed

I allow the appeal in RA 40 as well, and dismiss the application for joinder.

Source: [2023] SGHC 172, High Court (General Division), decided 19 June 2023. Read directly from the judgment.

Key facts

Court	High Court (General Division)
Decided	19 June 2023
Judge	Philip Jeyaretnam
Charges / claim	Civil Procedure, Charities
Outcome	Appeal allowed
Counsel	Attorney-General's Chambers, Lee & Lee, Wee Swee Teow LLP, Chee Kai Hao, Darshini Ramiah, Evans Ng, Giam Chin Toon, Hui Choon Wai, Marcus Chia Hao Jun, Tan Tee Jim, Yan Chongshuo

Source: [2023] SGHC 172, High Court (General Division), decided 19 June 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Striking out Civil Procedure — Parties — Joinder Charities — Charitable trusts — Legal capacity Charities — Registration — Effect of registration Charities — Charity proceedings — Interpretation of s 32 of the Charities Act 1994

Practice Areas

Civil Procedure Charities

Judges (1)

Philip Jeyaretnam Delivered

Counsel (11)

Attorney-General's Chambers Firm Lee & Lee Firm Wee Swee Teow LLP Firm Chee Kai Hao Counsel Defendant Darshini Ramiah Counsel Intervener Evans Ng Counsel Intervener Giam Chin Toon Counsel Plaintiff Hui Choon Wai Counsel Plaintiff Marcus Chia Hao Jun Counsel Plaintiff Tan Tee Jim Counsel Defendant Yan Chongshuo Counsel Defendant

Parties (5)

Attorney-General Intervener Lian Chee Kek Buddhist Temple Plaintiff Ho Thien Chan Defendant Ong Ai Moi Defendant Tan Mary Defendant

Case Significance

Lian Chee Kek Buddhist Temple v Ong Ai Moi and others [2023] SGHC 172 is a reserved judgment of Philip Jeyaretnam J in the General Division of the High Court, delivered on 19 June 2023 in Originating Summons No 656 of 2021 (Registrar's Appeals Nos 40 and 41 of 2023). The named plaintiff, Lian Chee Kek Buddhist Temple, is said to be a charitable trust registered under the Charities Act 1994 (2020 Rev Ed), suing Ong Ai Moi, Ho Thien Chan and Tan Mary as defendants, with the Attorney-General intervening. The judgment opens from the principle that a trust is not a legal person and so cannot itself sue or be sued, it being the trustees who must sue or be sued in respect of the trust property. The catchwords span the interpretation of s 32 of the Charities Act 1994, the legal capacity of charitable trusts, the effect of registration, striking out and the joinder of parties.

[2023] SGHC 172 explained

LIAN CHEE KEK BUDDHIST TEMPLE v ONG AI MOI & 2 Ors ([2023] SGHC 172) is a Singapore judgment decided by the High Court (General Division) on 19 June 2023. It is categorised under Civil Procedure and Charities. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 172 about?

LIAN CHEE KEK BUDDHIST TEMPLE v ONG AI MOI & 2 Ors ([2023] SGHC 172) is a High Court (General Division) decision from 2023. Its published catchwords are “Civil Procedure — Striking out”, “Civil Procedure — Parties — Joinder”, “Charities — Charitable trusts — Legal capacity”, and “Charities — Registration — Effect of registration”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 172 consider?

The judgment refers to Charities Act, Government Proceedings Act (Cap 121), Societies Act (Cap 311), and Trustees Act (Cap 337). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 172?

Within this corpus, [2023] SGHC 172 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Lian Chee Kek Buddhist Temple, described as a charitable trust registered under the Charities Act 1994, sought a declaration that the defendants held certain land on trust for it and their replacement as trustees, while the defendants applied to strike out the action on the ground that the temple had no legal personality to sue. The court held that a trust is not a legal entity capable of suing and that registration as a charity did not confer capacity, allowing the appeal, striking out the originating summons and dismissing the joinder application.

What was Lian Chee Kek Buddhist Temple v Ong Ai Moi [2023] SGHC 172 about?

It was a reserved judgment of Philip Jeyaretnam J, delivered on 19 June 2023, in Originating Summons No 656 of 2021, concerning proceedings brought in the name of Lian Chee Kek Buddhist Temple, a charitable trust, against Ong Ai Moi, Ho Thien Chan and Tan Mary.

What legal capacity issue did [2023] SGHC 172 raise?

The judgment proceeds from the principle that a trust is not a legal person and cannot sue or be sued, so trustees must sue in respect of trust property, engaging s 32 of the Charities Act 1994, the effect of registration, striking out and joinder.