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

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

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 for the defendant

Darshini Ramiah Counsel for the intervener

Evans Ng Counsel for the intervener

Giam Chin Toon Counsel for the plaintiff Hui Choon Wai Counsel for the plaintiff Marcus Chia Hao Jun Counsel for the plaintiff Tan Tee Jim Counsel for the defendant Yan Chongshuo Counsel for the 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.

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.