Nai Seng Hiang and Others v Trustees of the Presbyterian Church in Singapore Registered and Others

• Jurisdiction: Singapore
• Judgment Date: 30 August 1988
• Date: 30 August 1988
• Docket Number: Originating Summons No 1069 of
• Court: High Court (Singapore)

Nai Seng Hiang and others

Plaintiff

and

Trustees of the Presbyterian Church in Singapore Registered and others

Defendant

[1988] SGHC 65

Lai Kew Chai J

Originating Summons No 1069 of 1987

High Court

Charities–Charitable trusts–Conduct and administration–Trust deed which declared that trustees held land and premises to be used for the purpose of Christian works, evangelistic, “social or otherwise” at discretion of Chinese Presbyterian Church of Malaya towards benefit of children of all Hakka-speaking Chinese in Singapore–Plaintiff trustees sought court declaration on clause–Whether trust contained in clause was valid, charitable trust–If trust failed, whether land and premises to be applied cy-près–If trust void, whether land and premises to be held by trustees on resulting trust–Charities–Charitable trusts–Lack of public element if class of beneficiaries too small–Charities–Charitable trusts–Requirement that purposes of trust must be exclusively charitable–Effect of phrase “social or otherwise” on requirement–Words and Phrases–Clause in trust deed contained phrase “social or otherwise”–Meaning of phrase

Clause 2 of the trust deed pertaining to 110, Race Course Road, Singapore, declared that the trustees of the land and premises held it “upon trust to permit or allow the said land and premises to be used for the purpose of Christian works, evangelistic, social or otherwise at the discretion of the Chinese Presbyterian Church of Malaya amongst and for the benefit of the children of all Hakka speaking Chinese in Singapore and for this purpose to take all such proceedings as may be necessary to recover possession of the said land and premises”.

The trustees of the land and premises then sought the court's determination on the following questions pertaining to the trust that had been declared over the land and premises: (a) whether the trust contained in cl 2 was a valid, charitable trust; or (b) if the trust failed, whether the land and premises were to be applied cy-près, the donor having evinced a general charitable intention; or (c) if the trust was void, whether the land and premises were to be held by the trustees on resulting trust for the residuary estate of the donor.

The first defendant was a body corporate registered under the Trustees Act (Cap 337, 1985 Rev Ed). It was joined as the party to the proceedings, being the body to whom the land premises should be conveyed if the trust contained in cl 2 was found to be a valid...