Zhao Feng Guo v Tan Hong Soon: Assessment of Damages for Workplace Injury
In Zhao Feng Guo v Tan Hong Soon, the High Court of Singapore assessed damages for Zhao Feng Guo, a Chinese national, who sustained injuries while employed by Tan Hong Soon. The court considered special damages, pre-trial loss of earnings, general damages for pain and suffering, loss of amenity, future loss of earnings, and future medical expenses. The court awarded Zhao Feng Guo a total of $70,114.70, plus interest, for his injuries.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for a Chinese national injured at work. The court considered loss of earnings, pain and suffering, and future medical expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zhao Feng Guo | Plaintiff | Individual | Judgment for Plaintiff | Won | Michael Yap Hiang Hwa, N Srinivasan |
| Tan Hong Soon trading as Sole Proprietor in the name and style of Intense Engineering Construction | Defendant | Individual | Judgment against Defendant | Lost | Mahendra S Segeram |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Toh Han Li | SAR | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Michael Yap Hiang Hwa | Hoh Law Corporation |
| N Srinivasan | Hoh Law Corporation |
| Mahendra S Segeram | Segeram & Co |
4. Facts
- The plaintiff, a Chinese national, was injured on 15 January 2001 while working for the defendant.
- The plaintiff's injuries included amputation of two fingers and a cut tendon on a third finger of his left hand.
- Interlocutory judgment was entered against the defendant due to their failure to appear.
- The plaintiff's employment pass was revoked by the Ministry of Manpower due to a false statement in his application.
- The plaintiff was repatriated to China on 26 July 2001.
- The plaintiff claimed transport expenses, therapy costs, and loss of earnings.
- The court considered the plaintiff's duty to mitigate his loss of earnings.
5. Formal Citations
- Zhao Feng Guo v Tan Hong Soon trading as Sole Proprietor in the name and style of Intense Engineering Construction, Suit 958/2001, [2003] SGHC 128
6. Timeline
| Date | Event |
|---|---|
| Plaintiff injured by a power cutter | |
| Interlocutory judgment entered in default of defendant’s appearance | |
| Defendant applied to set aside the interlocutory judgment | |
| Defendant’s application to set aside interlocutory judgment dismissed | |
| Judgment issued | |
| Plaintiff repatriated to China |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court assessed damages for the plaintiff's injuries, including special damages, pre-trial loss of earnings, general damages, future loss of earnings, and future medical expenses.
- Category: Substantive
- Sub-Issues:
- Loss of earnings
- Pain and suffering
- Loss of amenity
- Future medical expenses
- Related Cases:
- [1987] 1 MLJ 450
- [1996] 3 SLR 513
- [2001] 4 SLR 214
- Breach of Employment Contract
- Outcome: The court found that the plaintiff's repatriation was not caused by the accident, but by an administrative act of the Ministry of Manpower.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Moh Chong v Hitachi Chemical (S) Pte Ltd | High Court | Yes | [1987] 1 MLJ 450 | Singapore | Cited as precedent for the assessment of damages for amputation injuries. |
| Wee Sia Tian v Kong Thik Boon | High Court | Yes | [1996] 3 SLR 513 | Singapore | Cited as precedent for determining the appropriate multiplier for loss of future earnings. |
| Xu Jin Long v Nian Chuan Construction Pte Ltd | High Court | Yes | [2001] 4 SLR 214 | Singapore | Cited as precedent for discounting future medical expenses when treatment is sought in China. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 57(1)(k) of the Immigration Act (Cap 133) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Assessment of damages
- Loss of earnings
- Pain and suffering
- Loss of amenity
- Future medical expenses
- Mitigation of loss
- Employment pass
- Repatriation
15.2 Keywords
- personal injury
- assessment of damages
- employment
- negligence
- Singapore
16. Subjects
- Personal Injury
- Employment Law
- Civil Procedure
17. Areas of Law
- Tort Law
- Personal Injury Law
- Employment Law
- Assessment of Damages