High Court throws out Han Chiang School trustee’s land dispute case

 

Lim Boon Lin, the grandson of the late philanthropist Lim Lean Teng, had sued Han Chiang School’s managing body over its plan to set up an ‘education city’ that includes a university. (Han Chiang pic)

GEORGE TOWN: The High Court here has struck out a suit by Lim Boon Lin, the grandson of the late philanthropist Lim Lean Teng who donated a 31-acre plot near Green Lane for the establishment of Han Chiang School, in favour of the school’s managing body.

Boon Lin, 69, had sued the managing body over its plans to expand the school into an “education city” that includes a university.

He claimed that as the sole trustee of the property on which Han Chiang School currently operates, such development ventures require his approval.

He maintained that the original intent for the land was exclusively for the operation of a primary or secondary Chinese school, not for higher education institutions like universities or colleges.

Boon Lin had asked the High Court to halt the education city project, citing a stipulation in a trust indenture dated July 29, 1948 that only a Chinese school is permitted on the land.

He also sought an injunction to prevent the school’s managing body and its key members from seeking approvals for additional construction on the site.

Boon Lin named the Penang Han Chiang Associated Chinese Schools Association, a registered company which manages the school; former association chairman Tan Kok Ping, present chairman Ooi Soo Hing, ALM Architects, and the Penang Island City Council (MBPP) as defendants in the suit.

In response, the defendants sought to dismiss Boon Lin’s claims, contending that he lacked the locus standi to sue and had failed to secure the required consent from the attorney-general, a prerequisite for legal actions involving public charitable trusts.

Justice Anand Ponnudurai ruled against Boon Lin and dismissed his suit, saying the absence of the attorney-general’s consent rendered his claim untenable, as it was an essential prerequisite for legal disputes concerning public charitable trusts.

Anand said the claim was also premature, as the local planning authority, MBPP, had not yet made a final decision on the development application.

He also questioned the interpretation of “Chinese school”, as the court has not decided if the phrase “Chinese school” from the 1948 trust indenture includes universities or colleges.

Anand said in his grounds of judgment that as Boon Lin did not ask the court to address the definition of a “Chinese school” within the suit, he “will refrain from delving into this matter or expressing any opinion on the validity of the arguments presented by either side”.

He ordered Boon Lin to pay costs of RM7,500 to each of the defendants and the same amount to MBPP. The school’s architect, ALM Architects, was also awarded RM5,000 in costs.

Boon Lin was represented by B Jeyasingam and Kiranjeet Kaur. The defendants were represented by lead counsel Ong Yu Shin and lawyers Lim Wooi Ying, YK Loh and WJ Phuah. - FMT