Teo Seng Kiat v Goh Hwa Teck: Assessment of Damages for Personal Injuries and Loss of Earnings
In Teo Seng Kiat v Goh Hwa Teck, the High Court of Singapore heard an appeal regarding the assessment of damages for personal injuries sustained by Teo Seng Kiat in a motor vehicle accident. The defendant, Goh Hwa Teck, did not deny liability, and interlocutory judgment was entered by consent. The court varied the amount of damages for pre-trial and future loss of earnings to a global sum of $120,000 and made no award for loss of earning capacity.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part; damages varied.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding assessment of damages for personal injuries. The court varied the damages for pre-trial and future loss of earnings to $120,000.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Teo Seng Kiat | Plaintiff | Individual | Appeal allowed in part | Partial | |
| Goh Hwa Teck | Defendant, Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| G P Selvam | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was injured in a motorcycle accident on 12 March 1998.
- The defendant admitted liability, and interlocutory judgment was entered by consent.
- The plaintiff claimed damages for personal injuries, including loss of earnings and earning capacity.
- The plaintiff's pre-accident monthly income was approximately $2,100.
- The plaintiff's post-accident income was reduced to $850 per month.
- The court determined a multiplier of 18 years for future loss of earnings.
- The court estimated a 25% loss of earning ability due to the injuries.
5. Formal Citations
- Teo Seng Kiat v Goh Hwa Teck, Suit No 2224 of 1998, RA No 600003 of 2000, [2000] SGHC 202
6. Timeline
| Date | Event |
|---|---|
| Collision between plaintiff's motorcycle and defendant's motor van. | |
| Plaintiff issued a writ seeking damages. | |
| Judgment delivered. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court varied the amount of damages for pre-trial and future loss of earnings to a global sum of $120,000 and made no award for loss of earning capacity.
- Category: Substantive
- Sub-Issues:
- Loss of earnings
- Loss of earning capacity
- Multiplier
- Multiplicand
- Related Cases:
- [1999] 1 SLR 82
- [1942] AC 601
- [1935] 1 KB 354
- [1993] 3 SLR 89
- [1977] 1 WLR 132
- [1987] 2 WLR 627
- [1994] 1 SLR 634
- [1996] 3 SLR 513
- Loss of Earning Capacity
- Outcome: The court made no award for loss of earning capacity.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR 89
- [1977] 1 WLR 132
- [1994] 1 SLR 634
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Law
- Litigation
11. Industries
- Engineering
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chang Ah Lek v Lim Ah Koon | N/A | Yes | [1999] 1 SLR 82 | Singapore | Cited for the principle that an assessment of damages which comes on appeal to a Judge-in-Chambers is quite unlike an appeal from a trial judge to the Court of Appeal. |
| Davis v Powell Duffryn Associated Collieries Ltd | N/A | No | [1942] AC 601 | N/A | Cited regarding the speculative nature of damage assessment and the role of the appellate court. |
| Flint v Lovell | N/A | No | [1935] 1 KB 354 | N/A | Cited regarding the circumstances under which an appellate court will intervene in damage assessment. |
| Low Swee Tong v Liew Machinery (Pte) Ltd | N/A | No | [1993] 3 SLR 89 | Singapore | Cited regarding the speculative nature of a claim for loss of earning capacity. |
| Moeliker v Reyrolle & Co Ltd | N/A | No | [1977] 1 WLR 132 | N/A | Cited regarding the requirements to justify an award for loss of earning capacity. |
| Pritchard v Cobden | N/A | Yes | [1987] 2 WLR 627 | N/A | Cited regarding the assessment of damages for loss of earnings in non-fatal injury cases. |
| Teo Sing Keng v Sim Ban Kiat | N/A | No | [1994] 1 SLR 634 | Singapore | Cited regarding the speculative nature of a claim for loss of earning capacity. |
| Wee Sia Tian v Long Thik Boon | N/A | Yes | [1996] 3 SLR 513 | Singapore | Cited regarding the likelihood of a Malaysian worker continuing to work in Singapore for a good length of time. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of earnings
- Loss of earning capacity
- Multiplier
- Multiplicand
- Interlocutory judgment
- Assessment of damages
- Permanent disability
15.2 Keywords
- personal injury
- damages
- loss of earnings
- motorcycle accident
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Measure of Damages | 95 |
| Damages | 95 |
| Personal Injury | 90 |
| Automobile Accidents | 70 |
| Civil Litigation | 40 |
| Civil Practice | 40 |
16. Subjects
- Personal Injury
- Damages Assessment