Tan Shwu Leng v Singapore Airlines: Negligence, Damages Assessment & Mitigation

In Tan Shwu Leng v Singapore Airlines Limited and Another, the High Court of Singapore heard an appeal regarding the assessment of damages for Ms. Tan, who was injured on a Singapore Airlines flight. Ms. Tan sued Singapore Airlines and Airbus Industrie for negligence and breach of statutory duty. The court partially allowed Ms. Tan's appeal, adjusting the award for pre-trial earnings and modifying the costs order.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding damages assessment for a plaintiff injured on a Singapore Airlines flight. The court addressed loss of earnings and mitigation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Airlines LimitedRespondent, DefendantCorporationCosts partially awarded againstPartial
Tan Shwu LengAppellant, PlaintiffIndividualAppeal allowed in partPartial
Airbus IndustrieRespondent, DefendantCorporationCosts partially awarded againstPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Lawrence TehRodyk & Davidson
V RamakrishnanV Ramakrishnan & Co
Ashok KumarAllen & Gledhill

4. Facts

  1. Ms. Tan was injured on a Singapore Airlines flight in 1994.
  2. She suffered a fractured left humerus and was unable to perform cabin crew duties.
  3. She sued Singapore Airlines and Airbus Industrie for negligence and breach of statutory duty.
  4. Interlocutory judgment was entered against both defendants for damages to be assessed.
  5. The Assistant Registrar awarded Ms. Tan damages for pain and suffering, loss of pre-trial earnings, and loss of future earnings.
  6. The defendants made an offer to settle Ms. Tan's claim for $350,000, which was not accepted.
  7. The High Court adjusted the award for pre-trial earnings and modified the costs order.

5. Formal Citations

  1. Tan Shwu Leng v Singapore Airlines Limited and Another, Suit 1906/1997, RA 600311/2000, [2001] SGHC 51

6. Timeline

DateEvent
Mid-air incident on flight SQ 420 from Singapore to Dhaka
Lawsuit filed
Interlocutory judgment entered against both defendants
Offer to settle made by the defendants
Assistant Registrar Tan Wen Shan's decision
Judgment issued

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court adjusted the award for pre-trial earnings and upheld the assessment of future earnings.
    • Category: Substantive
    • Sub-Issues:
      • Loss of pre-trial earnings
      • Loss of future earnings
      • Mitigation of damages
  2. Mitigation of Damages
    • Outcome: The court found that the plaintiff did not act unreasonably in failing to seek alternative employment while still employed by Singapore Airlines.
    • Category: Substantive
  3. Costs
    • Outcome: The court modified the costs order, awarding costs to the plaintiff up to the date of the offer to settle and fixing costs thereafter.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Breach of Statutory Duty

10. Practice Areas

  • Personal Injury
  • Commercial Litigation

11. Industries

  • Aviation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Poh Choo v Camden & Islington Area Health AuthorityHouse of LordsYes[1980] AC 174England and WalesCited for the principle that expenses incurred in earning income may be deducted from damages to avoid over-compensating a plaintiff.
Dews v National Coal BoardHouse of LordsYes[1988] 1 AC 1England and WalesCited regarding the deduction of travelling expenses from damages.
Lai Wee Lian v Singapore Bus Services (1978) LtdPrivy CouncilYes[1984] 1 MLJ 325SingaporeCited regarding the multiplier used for loss of future earnings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Assessment of damages
  • Loss of pre-trial earnings
  • Loss of future earnings
  • Mitigation of damages
  • Offer to settle
  • Indemnity costs
  • Multiplier
  • Allowances
  • Cabin crew
  • Leading Stewardess

15.2 Keywords

  • Singapore Airlines
  • Negligence
  • Damages
  • Personal Injury
  • Aviation
  • Mitigation

17. Areas of Law

Area NameRelevance Score
Damages90
Assessment of Damages85
Personal Injury75
Aviation Law60
Costs50
Civil Procedure40
Breach of Contract30
Contract Law30

16. Subjects

  • Personal Injury
  • Damages
  • Civil Litigation