Khoo Jeffrey and others v Life Bible-Presbyterian Church and others
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Khoo Jeffrey and others v Life Bible-Presbyterian Church and others | |
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The Old Supreme Court Building, photographed in April 2007
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Court | Court of Appeal of Singapore |
Full case name | Khoo Jeffrey and others v. Life Bible-Presbyterian Church and others |
Decided | 26 April 2011 |
Citation(s) | [2011] SGCA 18 3 SLR 500 |
Case history | |
Prior action(s) | Life Bible-Presbyterian Church v Khoo Eng Teck Jeffrey and others and another suit [2010] SGHC 187 |
Subsequent action(s) | Khoo Jeffrey and others v. Life Bible-Presbyterian Church and others [2012] SGCA 37 |
Case opinions | |
Charitable purpose trusts | |
Court membership | |
Judges sitting | Chao Hick Tin, Andrew Phang Boon Leong and V.K. Rajah JJ.A. |
Khoo Jeffrey and others v. Life Bible-Presbyterian Church and others is a landmark case decided in 2011 by the Court of Appeal of Singapore. It is the first case in Singapore[1] which the apex court considered the issue of a breach of a charitable purpose trusts when a religious charity is alleged to have deviated from the fundamental principles upon which it was founded.
Contents
Background
Dispute between Life Bible-Presbyterian Church and Far Eastern Bible College (FEBC) over Verbal Plenary Preservation.[2]
High Court decision
Issues before the High Court
Holding of the High Court
On 30 June 2010, High Court judge Judith Prakash ruled in favour of the church. She held that the college was a separate entity from the 1962 one as it had a different constitution.
Court of Appeal decision
Issues before the Court of Appeal
- Is the College a ministry of the Church?
- Is the College an unincorporated association or a charitable trust?
- Are the Premises impressed with a charitable trust in favour of the joint use of the College and the Church?
- Are the Appellants the current directors of the Board of the College?
- What is the legal effect arising from the Appellants’ act of registering a college in the College’s name but with a different constitution?
Holding of the Court of Appeal
Supplementary judgment
On 25 July 2012, Chao Hick Tin JA delivered a supplementary judgment [2012] SGCA 37 to designate a High Court judge to draw up a scheme between both parties.
Aftermath
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Citations
The case was cited in Chee Hock Keng v. Chu Sheng Temple [2015] SGHC 192.