Masters v To Keng Lam: Appeal of Damages Assessment, Admissibility of Further Evidence

In Lassiter Ann Masters v To Keng Lam, the High Court of Singapore heard appeals from both the plaintiff, Lassiter Ann Masters, and the defendant, To Keng Lam, regarding the Assistant Registrar's assessment of damages following a fatal car accident. Lassiter Ann Masters, the widow of the deceased, Henry Adolphus Lassiter, filed claims for loss of inheritance, loss of dependency, and costs of administering the estate. The court dismissed the plaintiff's applications to adduce further evidence at the hearing of the appeals, finding that the principles in Ladd v Marshall applied and were not satisfied.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Applications dismissed with costs to the defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages assessment after a fatal car accident. The court considered whether to admit further evidence on appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
To Keng Lam (alias Toh Jeanette)DefendantIndividualApplications dismissed with costsWon
Lassiter Ann MastersPlaintiffIndividualApplications dismissedLost
Michael Hwang of Michael Hwang
Ernest Wee of Michael Hwang

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Anthony WeeRajah and Tann
Quentin LohRajah and Tann
Michael HwangMichael Hwang
Ernest WeeMichael Hwang
Siva MurugaiyanSant Singh Partnership

4. Facts

  1. Plaintiff is the widow of Henry Adolphus Lassiter, who died in a car accident caused by the defendant.
  2. Interlocutory judgment was entered against the defendant with 45% liability.
  3. Plaintiff filed claims for loss of inheritance, loss of dependency, and costs of administering the estate.
  4. Assessment of damages took place before the Assistant Registrar.
  5. Plaintiff filed summonses seeking leave to adduce further evidence at the hearing of the appeals.
  6. The Assistant Registrar refused to allow the admission of certain affidavits.
  7. The deceased had filed for Chapter 11 bankruptcy prior to his death.

5. Formal Citations

  1. Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette), Suit 870/1997, Summons for Directions No 600265/2003, 6000278/2003, [2003] SGHC 176

6. Timeline

DateEvent
Henry Adolphus Lassiter was knocked down by a car driven by Jeanette Toh, resulting in his death.
Plaintiff commenced proceedings.
Interlocutory judgment entered against the defendant by consent.
Consent order for discovery made.
Plaintiff filed notice of assessment.
First tranche of assessment of damages began.
First tranche of assessment of damages concluded.
Second tranche of assessment of damages began.
Second tranche of assessment of damages concluded.
Assistant Registrar Kwek delivered written judgment.
Defendant filed Registrar’s Appeal No 600066 of 2003.
Plaintiff filed Registrar’s Appeal No 600067 of 2003.
Plaintiff filed Summonses for Further Directions numbered 600265 of 2003 and 6000278 of 2003.
Decision date.

7. Legal Issues

  1. Admissibility of Further Evidence on Appeal
    • Outcome: The court held that the principles in Ladd v Marshall applied and the plaintiff had not satisfied those principles, dismissing the applications.
    • Category: Procedural
    • Sub-Issues:
      • Failure to satisfy Ladd v Marshall principles
      • Delay in application

8. Remedies Sought

  1. Damages for loss of inheritance
  2. Damages for loss of dependency
  3. Costs of administering the estate

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Herbs and Spices Trading Post Pte Ltd v Deo Silver (Pte) LtdHigh CourtYes[1990] SLR 1234SingaporeCited to support the argument that Registrar's Appeals are dealt with by way of actual rehearing.
Augustine v Goh Siam YongHigh CourtYes[1992] 1 SLR 767SingaporeCited to support the argument that Registrar's Appeals are dealt with by way of actual rehearing.
Lian Soon Construction Pte Ltd v Guan Qian Realty Pte LtdHigh CourtYes[1999] 2 SLR 233SingaporeCited to support the argument that Registrar's Appeals are dealt with by way of actual rehearing.
Evans v BartlamHouse of LordsYes[1937] AC 473EnglandCited to support the argument that Registrar's Appeals are dealt with by way of actual rehearing.
Chang Ah Lek v Lim Ah KoonHigh CourtYes[1999] 1 SLR 82SingaporeCited to support the argument that the principle of unfettered discretion to admit further affidavits extends to appeals from the Registrar’s assessment of damages.
Ladd v MarshallUK Court of AppealYes[1954] 1 WLR 1489EnglandCited for the principles on when leave to adduce further evidence on appeal will be granted; the court found that these principles applied and were not satisfied.
Krakauer v KatzCourt of AppealYes[1954] 1 WLR 278EnglandCited to support the argument that the court should not exercise its discretion in the plaintiff’s favour due to the delay in the applications.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43) s 12Singapore
Rules of Court (Cap 322, R 5) O 38 r 2(3)Singapore
Rules of Court (Cap 322, R 5) O 38 r 2(4)Singapore
Supreme Court of Judicature Act (Cap 322) s 34(1)(c)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Assessment of damages
  • Registrar's Appeal
  • Further evidence
  • Ladd v Marshall principles
  • Chapter 11 bankruptcy
  • Loss of inheritance
  • Loss of dependency

15.2 Keywords

  • damages
  • assessment
  • appeal
  • evidence
  • civil procedure

17. Areas of Law

Area NameRelevance Score
Assessment of Damages85
Damages80
Civil Practice75
Evidence Law65
Appellate Practice60
Wills and Probate20
Family Law15

16. Subjects

  • Civil Procedure
  • Evidence
  • Damages