Singapore Airlines v Tan Shwu Leng: Appeal on Pre-Trial Earnings & Costs
In Singapore Airlines Ltd v Tan Shwu Leng, the Court of Appeal of Singapore heard appeals from both Singapore Airlines (SIA) and Ms. Tan Shwu Leng regarding a High Court decision on damages and costs. Ms. Tan sued SIA for negligence after sustaining an injury on a flight. The Assistant Registrar awarded Ms. Tan $316,025.81, but Woo Bih Li JC increased the pre-trial earnings award. Both parties appealed. The Court of Appeal dismissed both appeals, addressing the enhancement of pre-trial earnings and the issue of costs.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeals dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning pre-trial earnings and costs after an injury on a Singapore Airlines flight. The court dismissed both appeals.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Airlines Ltd | Appellant | Corporation | Appeal Dismissed | Lost | |
| Tan Shwu Leng | Respondent | Individual | Appeal Dismissed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| L P Thean | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ashok Kumar | Allen & Gledhill |
| Vangadasalam Ramakrishnan | V Ramakrishnan & Co |
4. Facts
- Ms. Tan suffered a fractured humerus on a Singapore Airlines flight on 25 November 1994.
- Ms. Tan could not be certified fit to carry on her duties as a leading stewardess due to the fracture.
- Ms. Tan commenced Civil Suit 1906/97 against SIA claiming damages for negligence and breach of statutory duty.
- The defendants admitted liability, and interlocutory judgment was entered against them with damages to be assessed.
- The Assistant Registrar awarded Ms. Tan $316,025.81 on 28 September 2000.
- The defendants made an offer of $350,000 to settle Ms Tan's claim on 24 January 2000.
- Woo Bih Li JC increased the award for loss of pre-trial earnings by $17,436.31.
5. Formal Citations
- Singapore Airlines Ltd v Tan Shwu Leng, CA 600016/2001, 600017/2001, [2001] SGCA 69
6. Timeline
| Date | Event |
|---|---|
| Ms. Tan suffered a fracture on a Singapore Airlines flight. | |
| Ms. Tan commenced Civil Suit 1906/97 against SIA. | |
| Interlocutory judgment was entered against the defendants. | |
| Defendants made an offer of $350,000 to settle Ms Tan's claim. | |
| Assistant Registrar awarded Ms. Tan $316,025.81. | |
| Appeals dismissed by the Court of Appeal. |
7. Legal Issues
- Applicability of Powell Duffryn principles to appeals from registrar to High Court
- Outcome: The court held that the Powell Duffryn principles, which apply to appeals from the High Court to the Court of Appeal, do not apply to appeals from the Registrar to the High Court.
- Category: Procedural
- Related Cases:
- [1942] AC 601
- [1999] 1 SLR 82
- [1999] 2 SLR 246
- [1937] AC 473
- Mitigation of Damages
- Outcome: The court held that the burden of proof on the issue of failure to mitigate is on the defendant, and in this case, the defendants failed to discharge that burden.
- Category: Substantive
- Related Cases:
- [1911] 2 KB 786
- [1994] 1 SLR 634
- Costs
- Outcome: The court held that the judge was entitled to take all the circumstances into consideration in awarding the plaintiff only nominal costs in respect of costs incurred after the offer was made.
- Category: Procedural
- Related Cases:
- [1991] 85 DLR (4th) 392
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Breach of Statutory Duty
10. Practice Areas
- Commercial Litigation
- Personal Injury
11. Industries
- Aviation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Davies v Powell Duffryn Associated Collieries | House of Lords | Yes | [1942] AC 601 | England and Wales | Cited for the principle that an appellate court should only vary the quantum of damages awarded if the court below acted on wrong principles or misapprehended the facts. |
| Chow Khai Hong v Tham Sek Khow | Court of Appeal | Yes | [1992] 1 SLR 4 | Singapore | Cited as an example where the court applied the Davies v Powell Duffryn principles in relation to appeals on damages from the High Court to the Court of Appeal. |
| Lim Hwee Meng v Citadel Investment | Court of Appeal | Yes | [1998] 3 SLR 601 | Singapore | Cited as an example where the court applied the Davies v Powell Duffryn principles in relation to appeals on damages from the High Court to the Court of Appeal. |
| Peh Eng Leng v Pek Eng Leong | Court of Appeal | Yes | [1996] 2 SLR 305 | Singapore | Cited as an example where the court applied the Davies v Powell Duffryn principles in relation to appeals on damages from the High Court to the Court of Appeal. |
| Chang Ah Lek v Lim Ah Koon | Court of Appeal | Yes | [1999] 1 SLR 82 | Singapore | Cited to discuss the applicability of Powell Duffryn principles to appeals from the Registrar to the High Court, and the court's view that such principles do not apply. |
| Ho Yeow Kim v Lai Hai Kuen | Court of Appeal | Yes | [1999] 2 SLR 246 | Singapore | Cited to affirm the principles enunciated in Chang Ah Lek regarding the applicability of Powell Duffryn principles. |
| Evans v Bartlam | House of Lords | Yes | [1937] AC 473 | England and Wales | Cited to support the view that a judge-in-chambers deals with an appeal from the registrar as though the matter came before him for the first time. |
| Chaplin v Hicks | Court of Appeal | Yes | [1911] 2 KB 786 | England and Wales | Cited by counsel for SIA, but distinguished by the court, regarding the assessment of damages for loss of opportunity. |
| Teo Sing Keng v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR 634 | Singapore | Cited for the principle that the onus of proof on the issue of failure to mitigate is on the defendant. |
| Data General (Canada) v Molnar Systems Group | Ontario Court of Appeal | Yes | [1991] 85 DLR (4th) 392 | Canada | Cited for the purpose of Order 22A to encourage the termination of litigation by agreement of the parties. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court O 22A |
| Rules of Court O 22A r 9(3) |
| Rules of Court O 22A r 12 |
| Rules of Court O 56 r 1 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mitigation of Loss
- Pre-Trial Earnings
- Assessment of Damages
- Offer to Settle
- Powell Duffryn Principles
- Appeal from Registrar
- Costs
- Interlocutory Judgment
15.2 Keywords
- Singapore Airlines
- Tan Shwu Leng
- Negligence
- Damages
- Mitigation
- Costs
- Appeal
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 90 |
| Damages | 80 |
| Civil Practice | 75 |
| Appellate Practice | 60 |
| Measure of Damages | 60 |
| Assessment of Damages | 60 |
| Evidence | 50 |
| Contract Law | 30 |
16. Subjects
- Civil Procedure
- Damages Assessment
- Appeals
- Costs