Tang Chiew Ping v Abdul Rashid Bin Razali: Personal Injury Damages Assessment
In Tang Chiew Ping v Abdul Rashid Bin Razali, the High Court of Singapore heard an appeal by Abdul Rashid Bin Razali against the Assistant Registrar's assessment of damages awarded to Tang Chiew Ping for personal injuries sustained in a car accident. Tang Chiew Ping sued Abdul Rashid for damages resulting from a whiplash injury. The court dismissed the appeal, upholding the Assistant Registrar's award for pre-trial and post-trial loss of earnings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for personal injuries. The court dismissed the appeal, upholding the Assistant Registrar's award for pre-trial and post-trial loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tang Chiew Ping | Plaintiff | Individual | Appeal Dismissed | Won | |
| Abdul Rashid Bin Razali | Defendant, Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| B Rao | B Rao & K S Rajah |
| Avashan | B Rao & K S Rajah |
| Kuldip Singh | Yu & Co |
| Sushila Ganesan | Yu & Co |
4. Facts
- The plaintiff was injured in a car accident on 30 November 1997.
- The defendant was found 85% liable for the accident.
- The plaintiff was the Head of the Mathematics Department at St Hilda’s Primary School.
- The plaintiff ceased her employment on 28 June 1999 due to her injuries.
- The Assistant Registrar awarded the plaintiff $216,021.10 for pre-trial loss of earnings.
- The Assistant Registrar awarded the plaintiff $319,250 for post-trial loss of earnings.
5. Formal Citations
- Tang Chiew Ping v Abdul Rashid Bin Razali, Suit 951/2000, RA 86/2003, [2003] SGHC 129
6. Timeline
| Date | Event |
|---|---|
| Car accident occurred | |
| Plaintiff stepped down as Head of Department | |
| Plaintiff ceased employment | |
| Assessment of damages commenced | |
| Appeal dismissed |
7. Legal Issues
- Measure of Damages for Pre-Trial Loss of Earnings
- Outcome: The court upheld the Assistant Registrar's calculation of pre-trial loss of earnings, which included bonus, performance bonus, and CPF.
- Category: Substantive
- Measure of Damages for Post-Trial Loss of Earnings
- Outcome: The court upheld the Assistant Registrar's decision to use a loss of future earnings approach rather than a loss of earning capacity approach.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Education
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Karuppiah Nirmala v Singapore Bus Services Ltd | High Court | Yes | [2002] 3 SLR 415 | Singapore | Cited regarding the approach to awarding damages for loss of earning capacity versus loss of future earnings. |
| Chang Ah Lek & Ors v Lim Ah Koon | Court of Appeal | Yes | [1999] 1 SLR 82 | Singapore | Cited for the principle that loss of earning capacity is used when a plaintiff can continue in employment without loss of emoluments but would be handicapped if seeking alternative employment. |
| Fairley v John Thompson (Design and Contracting Division) Ltd | N/A | Yes | [1973] 2 Lloyd’s Rep 40 | N/A | Cited with approval from Chang Ah Lek for the principle that compensation for loss of future earnings is awarded for real assessable loss proved by evidence, while compensation for diminution in earning capacity is awarded as part of general damages. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Whiplash injury
- Pre-trial loss of earnings
- Post-trial loss of earnings
- Loss of future earnings
- Loss of earning capacity
- Multiplicand
- Multiplier
15.2 Keywords
- Personal injury
- Damages
- Loss of earnings
- Car accident
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Measure of Damages | 90 |
| Damages | 70 |
| Automobile Accidents | 50 |
| Whiplash Injury | 40 |
| Civil Procedure | 30 |
16. Subjects
- Personal Injury
- Damages Assessment