Sim Lee Keng Cindy v Paul Bayliss Brown: Negligence, Motor Vehicle Accident, Third Party Liability

In Sim Lee Keng Cindy v Paul Bayliss Brown, the Singapore High Court addressed a negligence claim arising from a motor vehicle accident. Cindy Sim sued Paul Bayliss Brown, her then-fiancé (later husband), for negligence after she sustained serious injuries while riding as a pillion passenger on his motorcycle. Brown initiated third-party proceedings against Vythilingam s/o Packirisamy and Chua Chuan Leong & Sons Pte Ltd, alleging the lorry driver's negligence caused the accident. The court found both Brown and the lorry driver equally liable for the collision and awarded interlocutory judgment to Sim, with Brown entitled to 50% contribution from the third parties.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Interlocutory judgment awarded to the plaintiff against the defendant, with the defendant entitled to 50% contribution from the Third Parties.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court held the defendant and a third-party lorry driver equally liable for a motorcycle accident resulting in the plaintiff's injuries due to negligence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sim Lee Keng CindyPlaintiffIndividualInterlocutory Judgment AwardedWon
Paul Bayliss BrownDefendantIndividualLiable for NegligenceLost
Vythilingam s/o PackirisamyThird PartyIndividualLiable for ContributionLost
Chua Chuan Leong & Sons Pte LtdThird PartyCorporationLiable for ContributionLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
G Prasanna DeviHoh & Partners
Jemy OngYu & Co
James YuYu & Co
K AnparasanKhattar Wong & Partners

4. Facts

  1. The defendant, with the plaintiff as a pillion rider, was riding a motorcycle at a junction.
  2. The defendant stopped at a red traffic light before intending to turn right.
  3. A lorry driven by the first Third Party collided into the rear of the motorcycle after the traffic light turned green.
  4. The plaintiff sustained serious injuries as a result of the collision.
  5. The defendant claimed the lorry driver was negligent.
  6. The lorry driver claimed the defendant was negligent.

5. Formal Citations

  1. Sim Lee Keng Cindy v Paul Bayliss Brown, Suit 236/2002/M, [2002] SGHC 271

6. Timeline

DateEvent
Motorcycle accident occurred
Defendant lodged police report
Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found both the defendant and the first third party negligent.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Failure to maintain a safe distance
      • Failure to exercise reasonable care
  2. Third Party Liability
    • Outcome: The court held the third parties liable for contribution to the plaintiff's claim.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Motorcycle
  • Lorry
  • Collision
  • Negligence
  • Traffic Light
  • Junction
  • Third Party
  • Pillion Rider
  • Road Works

15.2 Keywords

  • Motorcycle accident
  • Negligence
  • Third party liability
  • Singapore High Court
  • Personal injury

17. Areas of Law

Area NameRelevance Score
Automobile Accidents90
Personal Injury85
Negligence80
Road Traffic Accident Law75
Contributory negligence60
Causation60
Vicarious liability40
Contract Law20

16. Subjects

  • Motor Vehicle Accident
  • Negligence
  • Civil Litigation