CHAN KEAN HIN v 1. ) Dato' Sri Dr. Lee Ville (Didakwa sebagai Pegawai Awam Kelab Renang Pulau Pinang) 2. ) Rainer Tischler 3. ) Cheah Lim Boon Keong

p-02ncvca-2090-11-2024 Court of Appeal (Mahkamah Rayuan) 10 March 2026 • P-02(NCvC)(A)-2090-11/2024

Catchwords

The appeal concerns disciplinary proceedings initiated by the Penang Swimming Club against the Appellant, a former president of the club. Complaints were lodged alleging that certain Management Committee decisions contravened the Club Rules. The Appellant challenged the jurisdiction of the Disciplinary Committee and filed an Originating Summons. The High Court dismissed the application as premature as well as the disciplinary committee was properly constituted and acted accordingly based on rule 41 of the Club Rules. On appeal, the Court of Appeal held that the Disciplinary Committee lacked jurisdiction as the complaints related to committee decisions rather than personal misconduct. The appeal was therefore allowed and the High Court decision was set aside.

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Evrol Mariette Peters Coram Lim Chong Fong Delivered

Parties (4)

Chan Kean Hin Appellant Cheah Lim Boon Keong Respondent Dato' Sri Dr. Lee Ville Respondent Rainer Tischler Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (p-02ncvca-2090-11-2024)