Khoo Jeffrey v Life Bible-Presbyterian Church: Trust for Joint Benefit & Scheme for Property Use

In a supplementary judgment to Civil Appeal 126 of 2010/J, the Court of Appeal directed that the detailed examination of the question be remitted to a High Court judge for determination. The appeal concerns a trust over properties at 9 and 9A Gilstead Road as well as 10 Gilstead Road for the joint benefit of the Far Eastern Bible College and the Life Bible-Presbyterian Church. The High Court judge will draw up a scheme setting out the respective rights and obligations of the parties in relation to the use/occupation and maintenance of the Premises.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Detailed examination of the question remitted to a High Court judge for determination.

1.3 Case Type

Civil

1.4 Judgment Type

Supplementary Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Supplementary judgment regarding a trust over properties for Life Bible-Presbyterian Church and Far Eastern Bible College, directing a High Court judge to devise a scheme for property use.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Khoo JeffreyAppellantIndividualRemitted to High CourtNeutral
Life Bible-Presbyterian ChurchRespondentOtherRemitted to High CourtNeutral

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
Andrew Phang Boon LeongJustice of AppealNo
V K RajahJustice of AppealNo

4. Counsels

Counsel NameOrganization
Ang Cheng HockAllen & Gledhill LLP
Tham Wei ChernAllen & Gledhill LLP
Ramesh KumarAllen & Gledhill LLP
Quek Mong HuaLee & Lee
Nicholas PoaLee & Lee
Yee Swee Yoong EstherLee & Lee

4. Facts

  1. The Court of Appeal previously held that the Premises were held on trust for the joint benefit of the Far Eastern Bible College and the Life Bible-Presbyterian Church.
  2. The presumed objects of the trust are the objects of the Church and the College as evidenced in their founding constitutions.
  3. The parties were unable to mutually agree on the terms of the Scheme for the maintenance and use of the Premises.
  4. The Court of Appeal directed parties to file their proposed terms of reference for the High Court judge and any objections to the other party’s proposed terms of reference.
  5. The High Court judge will draw up the Scheme setting out the respective rights and obligations of the parties in relation to the use/occupation and maintenance of the Premises.

5. Formal Citations

  1. Khoo Jeffrey and others v Life Bible-Presbyterian Church and others, Civil Appeal No 126 of 2010/J, [2012] SGCA 37
  2. Khoo Jeffrey and others v Life Bible-Presbyterian Church and others, , [2011] 3 SLR 500

6. Timeline

DateEvent
Appeal heard by the Court of Appeal
Judgment delivered by the Court of Appeal
Parties appeared before the Court of Appeal to make submissions on the terms of the Scheme
Judgment reserved

7. Legal Issues

  1. Terms of reference for High Court Judge
    • Outcome: The Court of Appeal directed that the terms of reference be remitted to a High Court judge for determination.
    • Category: Procedural

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Trust Litigation
  • Property Disputes

11. Industries

  • Religious Organizations
  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Khoo Jeffrey and others v Life Bible-Presbyterian Church and othersCourt of AppealYes[2011] 3 SLR 500SingaporeThe current judgment is a supplementary judgment to this cited case, providing further direction on the implementation of the orders made in the original judgment.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Charitable Purpose Trust
  • Scheme
  • Terms of Reference
  • Joint Use
  • Maintenance
  • Occupation
  • Gilstead Road

15.2 Keywords

  • trust
  • property
  • church
  • college
  • scheme
  • Gilstead Road
  • Singapore
  • court of appeal

17. Areas of Law

Area NameRelevance Score
Trust Law75
Civil Procedure60
Charitable Trust40
Contract Law30
Company Law20
Administrative Law10

16. Subjects

  • Trusts
  • Property
  • Charities