Singapore Airlines v Tan Shwu Leng: Negligence, Mitigation of Loss & Cost Allocation
In Singapore, the Court of Appeal heard appeals from both Singapore Airlines Limited (SIA) and Tan Shwu Leng regarding a High Court decision on damages awarded to Ms. Tan for injuries sustained on an SIA flight. Ms. Tan sued SIA for negligence and breach of statutory duty. The court dismissed both appeals, upholding the High Court's decision on pre-trial earnings and cost allocation.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeals dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded to Tan Shwu Leng for injuries sustained on a Singapore Airlines flight, focusing on pre-trial earnings, mitigation of loss, and cost allocation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Airlines Limited | Appellant | Corporation | Appeal Dismissed | Lost | |
| Tan Shwu Leng | Respondent | Individual | Appeal Dismissed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
4. Facts
- Ms. Tan suffered a fracture in her left humerus while serving as a leading stewardess on a Singapore Airlines flight.
- Ms. Tan could not be certified fit to carry on her duties as a leading stewardess due to the fracture.
- SIA admitted liability for Ms. Tan's injuries.
- The Assistant Registrar awarded Ms. Tan $316,025.81 in damages.
- The defendants made an offer of $350,000 to settle Ms. Tan's claim.
- The High Court increased the award for loss of pre-trial earnings by $14,700.
- Ms. Tan's claim of $1.1 million was significantly more than what she was awarded by the court.
5. Formal Citations
- Singapore Airlines Limited v Tan Shwu Leng, CA 600016/2001; CA 600017/2001, [2001] SGCA 70
6. Timeline
| Date | Event |
|---|---|
| Ms. Tan suffered a fracture on a Singapore Airlines flight. | |
| Tan commenced Civil Suit No. 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. | |
| Court of Appeal dismissed both appeals. |
7. Legal Issues
- Mitigation of Loss
- Outcome: The court held that Ms. Tan was not required to look for an alternative non-cabin crew job when she was already in a non-cabin job with SIA.
- Category: Substantive
- Sub-Issues:
- Reasonableness of efforts to seek alternative employment
- Sufficiency of evidence to prove failure to mitigate
- Related Cases:
- [1994] 1 SLR 634
- Assessment of Damages
- Outcome: The court held that the Powell Duffryn principles do not apply to an appeal to the High Court against the assessment of an Assistant Registrar.
- Category: Substantive
- Sub-Issues:
- Principles applicable to appeals from Assistant Registrar to High Court
- Application of Powell Duffryn principles
- Related Cases:
- [1942] AC 601
- [1999] 1 SLR 82
- [1999] 2 SLR 246
- 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
- Sub-Issues:
- Application of Order 22A Rule 9(3)
- Discretion of the court in awarding costs under Order 22A Rule 12
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Breach of Statutory Duty
10. Practice Areas
- Commercial Litigation
- Personal Injury
- Appeals
11. Industries
- Aviation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Davies v Powell Duffryn Associated Colleries Ltd | 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, misapprehended the facts, or made a wholly erroneous estimate of the damages. |
| Lim Hwee Ming v Citadel Investment Pte Ltd | Court of Appeal | Yes | [1998] 3 SLR 601 | Singapore | Cited as an example where the principles in Davies v Powell Duffryn were accepted and applied by the court 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 principles in Davies v Powell Duffryn were accepted and applied by the court 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 for the principle that the Powell Duffryn principles do not apply to an appeal to the High Court against the assessment of an Assistant Registrar. |
| Ho Yeow Kim v Lai Hai Kuen | Court of Appeal | Yes | [1999] 2 SLR 246 | Singapore | Cited for affirming the principles enunciated in Chang Ah Lek regarding appeals from the Registrar to the High Court. |
| 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 the counsel for SIA, but distinguished by the court. The court found that the situations were hardly similar. |
| 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. |
| Roache v News Group Newspapers Ltd | English Court of Appeal | Yes | [1992] | England and Wales | Cited by the counsel for SIA, but distinguished by the court. The court found that the situation in Roache is quite different from that in the present case. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mitigation of Loss
- Pre-trial Earnings
- Assessment of Damages
- Order 22A
- Powell Duffryn Principles
- Costs
- Leading Stewardess
- Interlocutory Judgment
15.2 Keywords
- Singapore Airlines
- Tan Shwu Leng
- Negligence
- Mitigation of Loss
- Damages
- Costs
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 90 |
| Civil Litigation | 90 |
| Assessment of Damages | 85 |
| Measure of Damages | 80 |
| Personal Injury | 75 |
| Contract Law | 60 |
| Breach of Contract | 50 |
| Contributory negligence | 40 |
| Causation | 40 |
| Employment Law | 40 |
| Vicarious liability | 30 |
16. Subjects
- Personal Injury
- Damages
- Civil Procedure