Khmer Buddhist Temple Association Inc v Chhet (No 2)

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMERCIAL COURT

S ECI 2021 00158

KHMER BUDDHIST TEMPLE ASSOCIATION INC (ABN 63 990 104 294)
(and others according to the Schedule attached)
Plaintiffs
v
THE VENERABLE HOUT CHHET
(and others according to the Schedule attached)
Defendants

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JUDGE:

GARDE J

WHERE HELD:

Melbourne

DATES OF HEARING:

3 February 2021, 30 April 2021, and 16 June 2021

DATE OF JUDGMENT:

14 July 2021

CASE MAY BE CITED AS:

Khmer Buddhist Temple Association Inc & Ors v Chhet & Ors (No 2)

MEDIUM NEUTRAL CITATION:

[2021] VSC 418

INCORPORATED ASSOCIATIONS – Incorporated association for religious purposes – Interlocutory injunctions – Serious issue to be tried – Balance of convenience – Least risk of injustice – Position of Abbot – Associations Incorporation Reform Act2012 (Vic) ss 1(b), 33(1), 34, 46, 67, 83(2), 84, 85 – Model Rules for Incorporated Associations rr 42, 45(2)–45(5).

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APPEARANCES:

Counsel Solicitors
For the Plaintiffs Mr A Naidu Logans Barristers & Solicitors
For the Defendants Mr J Sutton SDR Law

HIS HONOUR:

Introduction

  1. The first plaintiff, Khmer Buddhist Temple Association Inc (ABN 63 990 104 294) (‘Association’), is an incorporated association formed by Buddhist members of the Cambodian community in Melbourne.

  1. The Association owns the premises at 99 Alexander Avenue Thomastown (‘premises’), where it conducts prayer meetings and community functions. The temple at the premises is known as the Eysanmeanchey Temple (‘temple’).

  1. In 2020, the committee (‘Committee’) and office bearers of the Association were:

(a)        Sothy Samreth, President and second defendant;

(b)       Visal Mom, Vice President and second plaintiff;

(c)        Serei Put, Secretary and third plaintiff; and

(d)       Maxwell Zor, Treasurer and fourth plaintiff.

  1. By originating motion and summons filed 27 January 2021 (‘summons’), the plaintiffs seek an injunction to restrain the first defendant, Mr Hout Chhet (‘Abbot’), from acting as the Abbot of the temple. They also seek to restrain the defendants from:

(a)        representing that they are office bearers of the Association;

(b)       entering or remaining on the premises;

(c)        acting on or implementing any resolution associated with or connected to the Association; and

(d)       lodging documents with the Australian Charities and Not-for-Profits Commissioner (‘ACNC’) or Consumer Affairs Victoria (‘Consumer Affairs’).

Hearing on 3 February 2021

  1. The summons came on for hearing on 3 February 2021. I held that there were serious issues to be tried, and restrained the third to fifth defendants until further order from acting as the committee of the Association or from permitting or causing any instrument or document to be lodged with the ACNC or Consumer Affairs seeking changes in the registration or recording of office bearers of the Association.[1] I referred the proceeding to judicial mediation, and adjourned the summons until after the mediation was conducted.

  1. The mediation was unsuccessful. The summons has now been fully heard, and stands for determination.

Affidavits

  1. The plaintiffs principally rely on the affidavits and exhibits of:

(a)   Serei Put…

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Details
Case
[2021] VSC 418
Decision Date

CaseChat Overview and Summary

Khmer Buddhist Temple Association Inc v Chhet (No 2) involved the Khmer Buddhist Temple Association Inc, an incorporated association under the Associations Incorporation Reform Act 2012 (Vic), and Chhet, a former member of the association. The dispute centred on Chhet's removal from the association and the internal governance of the temple. The case was heard in the Supreme Court of Victoria.

The court was required to decide whether Chhet was entitled to an interlocutory injunction preventing the association from expelling him and whether the association's internal rules and procedures were valid and enforceable. The legal issues included the interpretation of the Associations Incorporation Reform Act 2012 (Vic) and the Model Rules for Incorporated Associations, and whether the association had the right to expel Chhet according to its rules. The court also needed to consider the balance of convenience and the least risk of injustice in granting or refusing the injunction.

The court held that Chhet was not entitled to an interlocutory injunction as the association had a serious issue to be tried and the balance of convenience and least risk of injustice favoured the association. The court found that the association's internal rules and procedures were valid and enforceable, and that the association had the right to expel Chhet according to its rules. The court also held that the position of the Abbot did not confer any special rights or privileges on him, and that the association's decision to remove Chhet was not unreasonable or capricious. The court noted that the association had acted in accordance with its rules and procedures, and that there was no evidence of any procedural unfairness or injustice.

The court refused Chhet's application for an interlocutory injunction and ordered him to pay the association's costs of the proceedings. The court also noted that the association had the right to expel Chhet according to its rules and that the association's decision to remove Chhet was not unreasonable or capricious. The court held that the association had acted in accordance with its rules and procedures, and that there was no evidence of any procedural unfairness or injustice.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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