Tan Kok Ing v Ang Boon Aik: Deliberate Omission of Evidence & Impact on Fair Trial
In Tan Kok Ing v Ang Boon Aik, the Singapore High Court heard applications by the defendants, Ang Boon Aik, Famco Boat Services, Eyo Boon Hok, and Singapore Piling & Civil Engineering Pte Ltd, to strike off the plaintiff Tan Kok Ing's claim for damages arising from a bumboat collision. The court allowed the applications, ordering that the plaintiff's damages be assessed at $0, due to the plaintiff's deliberate omission of relevant evidence concerning a subsequent accident and related medical reports. The court found that this omission prejudiced the possibility of a fair trial.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's damages be assessed at $0
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case where Tan Kok Ing's claim was struck off for deliberately omitting relevant evidence about a second accident, impacting a fair trial.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Piling & Civil Engineering Pte Ltd | Defendant | Corporation | Claim Dismissed | Won | |
| Tan Kok Ing | Plaintiff | Individual | Damages assessed at $0 | Lost | |
| Ang Boon Aik | Defendant | Individual | Claim Dismissed | Won | |
| Famco Boat Services | Defendant | Corporation | Claim Dismissed | Won | |
| Eyo Boon Hok | Defendant | Individual | Claim Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- Plaintiff was injured in a bumboat collision on 24 November 1991.
- Plaintiff commenced action in DC Suit No. 9633 of 1993, later transferred to High Court.
- Interlocutory judgment was entered on 10 September 1996, with damages to be assessed.
- Plaintiff was involved in a second accident on 11 July 1997.
- Plaintiff failed to disclose the second accident and related medical reports in the High Court action.
- Plaintiff's employment was terminated by Marunda Utama Engineering Pte Ltd in September 1997.
- Plaintiff did not disclose the termination letter from Marunda in the High Court action.
5. Formal Citations
- Tan Kok Ing v Ang Boon Aik and Others, Suit 991/1994, SIC 600910/2002, SIC 600911/2002, [2002] SGHC 215
6. Timeline
| Date | Event |
|---|---|
| First accident between SF611 and SP633F | |
| Mr Tan commenced action in DC Suit No. 9633 of 1993 | |
| Action transferred to High Court as Suit No 991 of 1994 | |
| Interlocutory judgment entered with damages to be assessed | |
| Second accident involving Mr Tan | |
| Marunda Utama Engineering Pte Ltd discontinued Mr Tan's service | |
| Mr Tan filed claim arising from the second accident in the Magistrate's Court | |
| First and Second Defendants filed application to strike out Mr Tan's claim | |
| Third and Fourth Defendants applied for similar relief | |
| Court declined to strike out Mr Tan's claim; costs awarded to Defendants | |
| Mr Tan applied to file further list of documents and for extension of time | |
| Applications heard by AR Phang Hsiao Chung; court declined to strike out claim but awarded costs to First and Second Defendants | |
| Parties to file and serve further list of documents | |
| Appeals heard and dismissed; time extended for service of Mr Tan’s documents | |
| Applications filed to strike out Mr Tan’s claim | |
| Decision date |
7. Legal Issues
- Failure to Disclose Relevant Documents
- Outcome: The court found that the plaintiff deliberately failed to disclose relevant documents, justifying the striking off of his claim.
- Category: Procedural
- Sub-Issues:
- Deliberate omission of evidence
- Breach of unless order
- Impact of Non-Disclosure on Fair Trial
- Outcome: The court determined that the plaintiff's non-disclosure created a serious risk that a fair trial was no longer possible.
- Category: Procedural
- Sub-Issues:
- Prejudice to the defendant
- Delay in proceedings
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Litigation
- Discovery
- Personal Injury
11. Industries
- Marine
- Engineering
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Manilal & Sons (Pte) Ltd v Bhupendra K J Shan | High Court | Yes | [1989] SLR 1182 | Singapore | Cited regarding the principle that failure to disclose relevant documents can be considered deliberate or wilful if the party knew of their relevance. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court O 24 r 16(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Non-disclosure
- Unless order
- Materiality
- Relevance
- Fair trial
- Deliberate omission
- Second accident
- Medical reports
15.2 Keywords
- bumboat collision
- personal injury
- non-disclosure
- evidence
- fair trial
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 80 |
| Civil Litigation | 75 |
| Procedural Law | 65 |
| Personal Injury | 60 |
| Automobile Accidents | 50 |
| Evidence Law | 40 |
| Contract Law | 30 |
16. Subjects
- Civil Procedure
- Discovery
- Evidence