Chan Kean Hin v Dato’ Sri Dr. Lee Ville & Ors

Appellant(s): Chan Kean Hin

Respondent(s):

• Dato' Sri Dr. Lee Ville (Didakwa sebagai Pegawai Awam Kelab Renang Pulau Pinang)
• Rainer Tischler
• Cheah Lim Boon Keong

• YA Dato' Lim Chong Fong
• YA Dato' Ahmad Fairuz bin Zainol Abidin
• YA Datin Paduka Evrol Mariette Peters

• The appellant, a former president of a social club registered under the Societies Act 1966, was subjected to disciplinary proceedings following complaints regarding collective administrative decisions made by the management committee during his tenure.
• The appellant challenged the jurisdiction of the disciplinary committee in the High Court via an originating summons, arguing that the committee’s powers were limited to personal conduct and did not extend to reviewing collective management decisions.
• The High Court dismissed the appellant's application, finding that the action was premature as the appellant had failed to exhaust internal domestic remedies and that the disciplinary committee possessed the requisite jurisdiction to investigate any member.

• Whether the disciplinary committee acted *ultra vires* the club’s rules by instituting proceedings against a member for collective administrative decisions, as opposed to personal behavior or conduct within the club’s premises.
• Whether an aggrieved member is legally required to exhaust internal domestic remedies before seeking judicial intervention in circumstances where the domestic tribunal is alleged to have acted without jurisdiction.
• Whether Section 40 of the Societies Act 1966 applies to social clubs to mandate the referral of disputes to the Registrar of Societies before commencing legal proceedings.

• The Court allowed the appeal, holding that the disciplinary committee lacked jurisdiction because the club’s rules, when construed objectively and harmoniously, limited disciplinary powers to personal behavior and usage of facilities, not collective management decisions.
• The Court held that while members generally must exhaust domestic remedies, this requirement does not apply where a tribunal acts without jurisdiction; such actions are void *ab initio*, and the Court is entitled to intervene immediately.
• The Court ruled that Section 40 of the Societies Act 1966 was inapplicable to the case as that provision is restricted to mutual benefit societies, and the club failed to provide evidence that it fell within that specific legal category.