Monday, August 23, 2010

Court Of Appeal Decision

The appeal by the 7 Plaintiffs (concerned church members) and the cross appeal by the Respondents (Pastor Prince and the Board of Deacons) on the matter of the Interlocutory Injunction was heard before the Court of Appeal this morning.

After hearing the submissions from both the Plaintiffs and Respondents’ lawyers, the Court dismissed both the appeal of the Plaintiffs and cross appeal of the Respondents.

The Court commented that these interlocutory proceedings and actions were unnecessary and ordered both parties to return to the High Court and seek an early trial for the Originating Summons.

In dismissing the appeal by the Plaintiffs for the reinstatement of the 400 terminated or reclassified church members, the Court stated that this issue should not be part of this proceeding as the termination or reclassification of the 400 members occurred after the Originating Summons was filed. This issue should be pursued as a separate court action.

The Court rejected the cross appeal by the Respondents against the reinstatement of the 7 Plaintiffs by the High Court. The church membership of the 7 Plaintiffs, therefore, remain reinstated.

The most interesting statement made by the Court in summing up their decision was that the AGM is the supreme authority in any organization. In simple terms, this means that the members in an AGM has full authority over everything else including the Board of Directors or Deacons, in our case.

To recap, an Originating Summons was on filed on 12 November by the Plaintiffs against the Respondents to seek the High Court’s ruling for the following:-

i. that the AGM held on 19th and 20th June 2009 be declared null and void;

ii. that the committee members appointed during the AGM held on 19th and 20th June 2009 be annulled and be declared void;

iii. that the Defendants convene an EGM within 30days from the date of the Court Order for the tabling of the resolutions which had been submitted by the Plaintiffs;

iv. that the removal of Dr. Lum Siew Heng as a member of Calvary Church on 20th March 2009 be annulled and to be declared void.

The Originating Summons is currently fixed for mention on 23 September 2010. At this mention, both parties will be seeking an early date for trial.

Please continue to uphold the matter in prayer.

28 comments:

Anonymous said...

The Court Of Appeal ruled correctly!
(1)the termination or reclassification of the 400 members occurred after the Originating Summons was filed. We erroreously jump the sequence of events!( this was pointed out earlier, but no one paid heed). This issue should be pursued as a separate court action. Here we need all 400 signatures for a Class action. I strongly recommend that we should have 400 cases filed individually! This action must be filed now to remove all signing cheques powers from the PGs & die hard supporters .

(2)the AGM is the supreme authority in any organization. Take note that Calvary Church was legally not registered under the ROS or under the CCM ? This is the catch here as it falls under non existent Common Law ? Now you should know why PGs lawyer is playing hard balls and twisting facts to prevent case precedents being quoted? Remember whatever we wrote here are read by PGs secular legal trained minds!

I will continue to fast and pray for Wisdom , Revelation , Peace and Tranquility to prevail in "The Originating Summons which is currently fixed for mention on 23 September 2010 ".

I am still wondering why the " alleged common law CBT " warrant of arrest take such a long time to be issued and served !

Keep up your good works to put things right in their proper perspective! The flawed 1985 Calvary Church constitution can be used to our advantage!

Anonymous said...

Looks like we are going to go into a long process of law. Continue to pray for God's intervention in this matter...

Anonymous said...

The first Originating Summons (OS) filed on 12 Nov 2009 is currently fixed for mention on 23 September 2010. Ten(10) month time frame duration of waiting?

I urge any one member of the 400 grieved sacked members, to individually file your OS for reinstatement & claim DAMAGES from the "illegal constituted" PGs & BOD! You have a Loca-Standi and have a better chances of winning the case 100%!

Pray about it, consult and seek guidance & blessing from TTG as a collective team to proceed! It is your "CALL" to make things right!

Existing members who are not sacked also have Loca-Standi to file OS to reconvene a NEW EGM to " for the tabling of the resolutions " to rectify the anomalies which were adopted in bad faith. This has been taken care of on 1-11-2009 & is awaiting mention on 23-9-2009 to fix a trial date.

This trial may take another 3 years with appeals at Appellate Court and at Federal Court!

Remember PGs lawyer is playing "hard balls" within the legal system to tire TTG out! Have faith and you all in TTG will prevail as fellow Christians around the world are praying for you all! TRUST the Lord GOD for victory over " some secular backsliders " within our midst who seek only to Steal and Destroy in the Spiritual realm!

In your heart, by faith if you know you will win, YOU WILL WIN !
The LORD of HOSTS remembers all those who call upon Him in our time of needs! We are worshipping a LIVING GOD ! AMEN!

yoong said...

what will ttg next move? lick their wounds and this shiok sendiri.the longer this drag ..sooner or later many will run out of steam...whatever wish t t g good luck.i am withdrawing my class action today.
August 24, 2010 11:08 AM

Anonymous said...

I think the real answer lies in what's happening to the shrinking of the congregation size in CC. No matter how the leaders try to deceive themselves, the numbers are down by the week. Victory belongs to God. The sheep are not lost. They've just found new homes in other churches where they will receive good teaching and nurturing. The time has come that CC family will now receive a much better place that God has called them to.

curious said...

Yoong

wonder why you gung-ho take up class action, now withdraw.
scared of KK Wong or what?

do share

fatt moong said...

I had a bad feeling with this yoong from the beginning when he came with all his promises to take action and all. In fact a friend actually told me he suspect this yoong to be a spy from PG trying to see who are those who will contact him and try to dig for information. Looks like the TTG are smart and did not respond so that's why now he very sore no one fall into his trap.

yoong can withdraw whatever he wants it makes no difference to TTG work. yoong may run out of steam but God will sustain the TTG.

and yoong thinks that TTG got wounds to "lick"? What have TTG lost? From what i see, it's PG & gang will have to lick their wounds. He lost too many rich members.
August 24, 2010 7:23 PM

Miss Lin said...

To: yoong

truth, transparency and good governance is not only for the few Christian in calvary church, it is for all the Christians and the society at large!

Your self-centerness and self-glory is an abomination to the Lord. May I suggest you repent especially during this season of fasting and prayer organized by the NECF . It was also one of the prayer items for such issues.

the way I see it, God see it fit that, this hour many who advocates truth, transparency and good governance would not be able to accept the current leadership and the senior pastor and wife and his family and the board of deacons and also all the associates and leaders, the Lord had a greater purpose to delay the restoration of the 'unlawfully terminated members', it will come the day when all these leaders are no longer in calvary church, then, that only the members will return, the Lord know that these people are not ready now but are prepared to return when the time is right!

It may take dayssss , for this is the Lord's battle, the concerned members are merely God's instrument! They have not lost, they have great victory because God is with them !

Please note, for the Lord knows the way of the righteous, but the way of the ungodly shall perish.

Similarly, Jesus was persecuted, humiliated, whipped and accused for who He is, because He believed in the 'WILL' of God, for even Jesus himself also submitted himself to the heavenly Father, what more, we His children? for God knows the heart of all the concerned members, He will fulfilled His purpose for calvary church, not until the leadership confessed and repented!

Anonymous said...

Now that the appeals are over, it is time for the main case to be heard. I do hope that this will be done sooner rather than later. Anyway, I personally do not think that the decision will be 100% in favour of one party or the other. But really, is the resolution to what is happening in the church found with the Courts? Do any of us actually believe that the decision of the Courts will bring about healing, reconciliation and restoration of the unity of the Body at Calvary Church?

Something is drastically amiss when the unity of the church is sacrificed just because we champion truth (please don’t jump the gun – I am not saying that this is not important). Similarly, something is drastically wrong when we say we are obeying “God’s vision” (again, please don’t get me wrong here – I am not dismissing or disregarding God’s vision and call) but the welfare of people becomes secondary. The “vision” is all consuming but we have no time to consider how people feel, no time to address their concerns, no time nor the willingness to engage with the very people we are shepherd over.

I still long and hope for the day when both the TTG and the church leadership will be willing to put off self and put on Jesus; put off self and put on love. While both parties are equally responsible, the healing and restoration must surely start with the church leadership. Otherwise members will continue to hurt and the Body of Christ continues to suffer and numbers continue to dwindle.

No, the Courts are not the place nor the authority the church ultimately needs – what she desperately need is for all of us to “love one another” and not just in words but in action!

All for ONE and ONE for all said...

Dear Yoong,

Firstly, let us remember that the TTG core group had NEVER at any one point FORCED anyone to take part in the class action. If you've taken part in it, it was out of your own free will. Likewise, when you want to leave, no one would stopped you. We respect your decision.

But, to say that the TTG lick their wounds and "shiok sendiri", is rather uncalled for. This battle has never been the TTG core group's alone. And as they have pointed out very clearly and from the very beginning, this battle is not theirs but for the Lord. Ask yourself Yoong, what have they got to gain as compared to PG & gang?

Would the core group lose steam with what's happening now? With confidence, I say NO! I know some of them personally. On the contrary, with the latest event, it has even strengthened their belief and faith in the Lord. They may be disappointed, but they are NEVER DISCOURAGED.

To my brothers & sisters in the TTG core group, you have done a great work in the Lord's eyes by standing up for Truths, Transparencies & Good Governance. Turn your eyes upon Jesus and never allow disappointing events and negative comments (people like Yoong) to cause you to lose focus on our Lord. Be encouraged by these word:
"Be strong and courageous. Do not be afraid or terrified because of them, for the LORD your God goes with you; he will never leave you nor forsake you." Deuteronomy 31:6

You have my full backing and I'm not abandoning the ship. May our Lord be with all of us who fight for Truth, Transparency & Godly Governance (TTG).

Mr Right said...

to : anonymous at 11.59 pm August24

dont you think we had had enough of commends and opinions by many different ones talking about the 'split' in calvary church or 'split' in the body of Christ?

I personally believed the 'split' started by the senior pastors himself right from the very very begining! None of us in calvary church needed to be reminded of that! He refused even to talk nor even humble enough to address the issue!

Right now, the ball is still in his court, he had not surfaced ! but instead, he engaged one of the most highly paid and high handed lawyers in town who earned million to fight the poor TTG members! O, God, be merciful to these case of David and Goliath!

The concerned members are merely voicing out all the issues, they are not the ones who started the 'spark' and now the 'fire'!

Please Mr Anonymous, if you really care, drag PG out in the open and seek forgiveness and repent to God!

I believe the concerned members are very matured people and they had always express their desires right from the begining !

Unshaken said...

TO YOONG who said "...i am withdrawing my class action today."
August 24, 2010 11:08 AM.

So, I am among many who see through you.
For your own Conscience sake, Did you actually file a"Class Action"? or carried out all that you said you were doing in this Blog?

Or are you just calling 'bluff'?

You can rest assured though, God will surely vanquished His foes in His way & time. You just need remember this when the time comes, and know God is not mocked.

Hopeful said...

Hello Anonymous, August 24, 2010 11:59 PM,

Chinese got a saying, "who don't know your mother is a woman." It means that all of us here know what is obvious.

The question is what is the pastors and leaders in Calvary doing about the saga now? NOTHING!!! They just want to complete their CCC at all cost. They kick those who don't give money to them out of their way without consideration of the members feelings or spiritual welfare. They are not even bothered about whether the 400 + they sacked are still faithful to God.

Then worst still, the AOG council whom the christians thought can help turn out to be just the same as the Calvary pastors. They also employed a top notch lawyer to get them off the hook and now they can happily tell the christian world that the Legal Court of Malaysia have released them of their responsibility to the christians in the country. They exist only to take care of the pastors and not the church members.

Another more dissappointing christian organization is the NECF. No news at all from them otherwise TTG and CT will update us of their efforts. The only news is what CT publish here about their prayer rally and now this 40 days fast & pray. What about their help in trying to solve this CC saga? Nothing!

We all long for the two parties to reconcile. I'm sure TTG ppl also long for that but what can they do? I say again, what can anyone do if PG is not interested to talk. The AOG council wash their hands off the case. The NECF couldn't care less.

So every christian leader out there pretend like nothing is happening and praying that God will "intervene" by making one party "disappear" so that everyone can go on their usual business.

Calvary church continue to build PG's dream CCC.
AOG busy celebrating the 50th anniversary of their Bible school BCM.
NECF indulge in their fast and pray campaign.

Hopefully the secular Court of Justice in Malaysia will do something.
August 25, 2010 3:56 PM

Anonymous said...

Stop this inane bickering already, please. Both parties, CC's leaders and TTG, are at fault.

Matthew 7:1-5
Luke 6:37

Leave it to God. Any action which tarnishes Christianity (and thus, Jesus' name) cannot possibly be from God. Please note that I'm saying this in the broadest sense possible, without targeting any specific individual(s).

On afterthought, it's pretty sad to see how bible references can be warped to suit one's rationale.

Anonymous said...

Who do you trust more Court of Justice or God? You already done what you know best, so just trust God lor.

Even if you don't get the answer you want, eventually when you meet God face to face, all things would be revealed. Nothing hidden will remain concealed, everything shall be brought to light.

If you see someone already choosen to walk in darkness, despite the warnings and corrections, then their judgement shall come. And if they not only choose to walk in darkness but continue to lead others into darkness, then their judgement shall be more severe.

And if they not only lead others astray but also to lead them go against God's annointed, then let their judgement to be much more severe. For these people deserve such judgement because they go against God's choice. They despise God's annointed and shall not receive from God, for their hearts remain darkened and shut out God's word.

Why hope the Court to do something? Even if the Court of Justice pass a favourable judgement would it put one to a more favourable position in God?

Anonymous said...

To Anonymous of : August 26, 2010 11:33 PM

Who is God's annointed in your case ?

Anonymous said...

Can someone please enlighten me as to who is God's annointed in CC.

As far as I can see the person who holds absolute power in CC is the only one who could turn the situation around. I just could not see anyone being able to say or do anything - everything seems to rest with that person with absolute power.

Of course, God has the absolute power over everything but He gave us the freedom to choose. As far as I can see the person in power in CC chose not to show love, concern and emulate Christ in his actions.

I rest my case!!

KKW said...

Aiya ya..all the Anonymousssss

all your comments don't seemed to make sense lah..

why should Jesus turn the table in the temple?

why should Jesus die for you and me?

why should we accept Christ? if we can condone all kinds of sinful nature and behaviour of humanity?

why should Jesus Christ ask us to seek forgiveness for our wrong?

if all you anonymousss keep on talking about leaving it to God, that means all churches don't need to preach the gospel any more, and there would not be salvation!

This case of a man called to serve God (PG ) who committed all sorts of wrong, yet we Christian only know how to yell -- 'leave it to God!'. It is not acceptable!

Anonymous said...

I'm sorry, I really do not mean to sound belligerent but if we do not 'leave it to God' what should we do? Take matters into our own hands? Use conventional/secular wisdom to attempt to solve the problem?

What I meant when I said 'leave it to God' is that we shouldn't rashly act on impulse. We'll probably end up exacerbating the situation. When God provides us with wisdom and direction then of course we should act accordingly.

And through an individual's words and actions it will be obvious whether he or she has sought God's wisdom beforehand.

Anonymous said...

There is a doctrine called "God's sovereignty & human's responsibility," meaning to say there is part/role man must play..

For the Truth said...

To Anonymous 2.41am,

You seem to me to be a well-educated intelligent person. Unfortunately it also appears that your good qualities does not extend to your sense of logic and civic-mindedness. Let me explain why I think this way.

Firstly, look at this analogy. Supposing we know that a schoolteacher is molesting and even raping schoolgirls under his charge. Now how should we react? We can do one of three things.

A. Keep quiet and tell ourselves that the man will have to answer to God when his time comes, but in the meantime “let God be God”. Too bad if the other girls in the class may suffer the same horrible fate (and most probably will).

B. Take action ourselves and beat up the school teacher.

C. Report to the authourities on what we know, and let them take action. Also let all the other girls in the class be made aware of the sins of the schoolteacher and what is going on.

Now, we look at the parallel in CC. TTG and the other concerned members know that PG has erred in many ways. (For more info on this, look up previous postings in this blog). How then do we react?

Ok, Anonymous 2.41am, are you suggesting that in the case of the schoolteacher, we should do A, that is just keep quiet and put all the other schoolgirls at risk? If you are, then you seriously should re-examine yourself.

In the situation of CC, has action B been taken? I think not, as I have not heard any reports of PG being beaten up. Some may claim that he has been slandered and his reputation stained. That may be true but it is inevitable in the process of telling the truth. Anyway, if PG is concerned about his reputation, he should not have done all those wrongs in the first place.

What the TTG has done so far is action C, which is the middle road and to me is the right step. They have addressed the wrongdoing by the Deacons (including PG) of throwing out the Resolutions, by seeking Court intervention. In the meantime, members are being warned and made aware of the misdeeds of PG through personal contacts and the internet.

However, if some members even after knowing the true situation still prefer to support PG and pay their tithes to CC, knowingly that a sizeable portion is channeled into questionable use, let it be so. There will always be some “blind-sighted” members who are irresponsible enough to apportion their financial contribution into the debacle of the CCC bottomless pit rather than much needed humanitarian causes elsewhere. Just as in the case of the evil schoolteacher, there may be some schoolgirls who knowingly do not mind continuing to be molested and raped.

Anonymous said...

Any one knows how much collected for Cash Advance/Gift? Being sometime already. Target mention is 35m. I gave and also continue to give for Faith Promise. However if church continue to take us as a source of money and not care and address members concern, even if money is used for right things, I intend to give somewhere else the next time. This is not same as turn-off-the-tap as I don't mind to support the church but if the church continue to don't care about members it is right before God that I give to somewhere else.

Anonymous said...

To Anonymous Aug 28 3:06pm,

Seek God and pray for spiritual discernment. He will show you where to sow. I've stopped giving to CC not because someone else stopped giving or told me to stop. I just felt the need to give to other organisations that are able to fulfill the vision of reaching the gospel to all corners of the world. What is God's vision for you? To build a building? Then you give to CCC. But for me, I do not share in the vision of CCC. That doesn't mean I'm right and PG's wrong or vice versa. It's between you and God. Ref Matthew 7:7 for the answer God has for you. Remember, do not follow blindly. For God has opened the eyes of our hearts.

Anonymous said...

Churches today have become business now. Pastor a CEO. They have joined in the ranks of the corporate world. If a preacher preaches for money, he is selling the gospel. This makes him a merchant, not a preacher.

SP & also his pastors can be compared to the prophet Balaam in the old testament, for Balaam was a prophet that was in the work for money, just like many of the popular TV evangelists and those mega church building pastors. They beg for money & lived like kings, while multitudes of innocent people gave them their hard earned money. Are we to keep our mouths shut against these religious imposters. How can we be silent & at the same time be true to God?

W W J D ??? said...

Proverbs 22:7 ".... the borrower will be slave to the lender."

If PG is still a pastor & Christian, he ought to know this verse. Yet PG (at the SDCC) called upon those who have the facility to borrow from financial institutions to borrow & advance to the CCC project - just so PG can have his ivory tower while all of you become slaves to the lenders.

Does PS care that his call is unscriptural? Does PG care that he is condemning his congregation to be slaves to the lenders? Does PG care that he is defying scripture? For that matter, does PG care at all?

It is apparent to all & sundry (except for the dumb sheep & blind followers of PG) that the ONLY thing PG care is for the CCC to be built at all costs, come what may.

Wise up, you dumb sheep in CC. Open your eyes, you blind followers of PG. Enough is enough; you cannot continue to follow a false preacher - one who can twist & turn the scripture to suit his whim & fancy just so he gets what he wants. Ask yourselves "What Would Jesus Do?" in such a situation.

Would He not just overturn PG's CCC tables since He finds PG cheating His sheep? Wise Up & Open Your Eyes, Brothers & Sisters in Christ.

Anonymous said...

These 2 PGs were not my Pastors anymore after 2004 and 2006 according to the CC church handbook! Both never co-existed anymore in my vision for Calvary Church till today!

Many negative decisions and events were very profound after these two specific years! After 2006,Calvary Church was run by associate and assistant Pastors only till today.

Exercise the gift of Discernment of the Spirit and you will know the many reasons why it was so !

Please stay focus and Fast and Pray for the positive outcome of "The Originating Summons which is currently fixed for mention on 23 September 2010, where both parties will be seeking an early date for trial. "

Anonymous said...

SP in an interview with his own people from the "calvary connect" magazine was asked why CCC are facing many problems? SP answered that any project will always have obstacles & troubles along the way. True, but why?, because they are from men. Any plans or visions that come from men will always encountered obstacles which sometimes cannot be solved & project stalled or abandoned. But not with GOD. GOD the Almighty is all powerful, all great, all resourceful. He is the Creator of heaven & earth and all things belonged to HIM. Nothing can troubled GOD or hold HIM back from doing anything. Its impossible, because HE IS GOD. HE spoke & there was Light. Out of dust HE created men. HE miraculously parted the Red sea. When JESUS called to command for calm & peace to come to the sea, did the raging winds & storm troubled HIM or stopped HIM from doing so. No, they obeyed HIM immediately, no delay. Nothing in this world dared come to trouble GOD for HE has authority over all things in heaven & on earth. If GOD can do such great miracles,He surely can build & complete CCC in time if it was HIs vision. Because of obstacles and excessive financial woes troubling CC, it is clearly provened that CCC is not a call or vision from God. Can you imagined, our miracle working Almighty God who is all resourceful needed to borrow or get an advance from His children? This can never happened with GOD. CC pastors had tarnished His Name and Dignity. Would you want to give your money for something which never was the will of God? God never called us to build HIs Kingdom with some physical structures. No one in this evil world can build His Kingdom, because His Kingdom had not yet come. This world cannot be perfected by men and will continue to be evil & wicked, till Jesus comes. Only when Jesus returned to earth will He Himself build His perfect Kingdom. Thats why this "Kingdom Now" theology of the AOG pentecostal churches are unbiblical. God's call & vision is for you & I to go and preach His Word. That was Jesus's call to His apostles & believers when He ascended to Heaven. Mega churches are not HIs will or His way to proclaim His Gospel to the world. This is simple biblical truth, and yet CC pastors cannot even understand scripture and they go on seeking and asking for peoples' money to build this CCC that is not even named a house of worship but a "convention centre" designed by a "freemason" anti christ architect, but CC pastors with no fear of God in their hearts, say its nothing wrong.

Anonymous said...

Thanks for sharing us informative entries.
You nicely summed up the issue. I would add that this doesn’t exactly concenplate often. xD Anyway, good post…