Tan Yong Heng Jeffrey v Tay Kiah Por: Personal Injury Claim for Motorcycle Accident

In the case of Tan Yong Heng Jeffrey v Tay Kiah Por, heard in the High Court of Singapore on 13 November 2003, the court assessed damages for the plaintiff's injuries sustained in a motorcycle accident on 24 May 1999. Interlocutory judgment was entered against the defendant with liability agreed at 80%. The plaintiff claimed for pain and suffering, loss of amenity, loss of earnings, and other damages. The court awarded the plaintiff damages for these claims, and the plaintiff appealed against the awards for pain and suffering and loss of amenity, loss of future earnings, loss of earning capacity and interests and costs. The court provided reasons for the sums awarded.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff; damages awarded.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Motorcycle accident case where Tan Yong Heng Jeffrey sued Tay Kiah Por for injuries. The court assessed damages for pain, suffering, and loss of earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Yong Heng JeffreyPlaintiff, AppellantIndividualJudgment for PlaintiffWon
Tay Kiah PorDefendant, RespondentIndividualClaim partially successfulPartial

3. Judges

Judge NameTitleDelivered Judgment
Tai Wei ShyongAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Ramasamy K ChettiarACIES Law Corporation
Paul Yap Tai AnLawrence Chua and Partners

4. Facts

  1. On 24 May 1999, the plaintiff was riding his motorcycle along Lornie Road.
  2. The plaintiff collided with the defendant’s car.
  3. The plaintiff sustained injuries to his left ankle and foot.
  4. The plaintiff suffered a tear of the left anterior talo-fibular ligament of the ankle.
  5. The plaintiff suffered a fracture of the 5th metatarsal bone.
  6. Interlocutory judgment was entered by consent against the defendant with liability agreed at 80%.

5. Formal Citations

  1. Tan Yong Heng Jeffrey v Tay Kiah Por, Suit 600007/2001, NA 600004/2003, [2003] SGHC 278

6. Timeline

DateEvent
Plaintiff collided with the defendant’s car
Writ date
Plaintiff examined by Dr Yeo Khee Quan
Plaintiff examined by Dr C S Lai
Plaintiff examined by Dr Ngian Kite Seng
Judgment issued

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court assessed damages for pain and suffering, loss of amenity, loss of earnings, loss of earning capacity, and future medical costs.
    • Category: Substantive
    • Sub-Issues:
      • Pain and Suffering
      • Loss of Amenity
      • Loss of Earnings
      • Loss of Earning Capacity
      • Future Medical Costs

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Swee Khoon v Balu a/l SinnathambyDistrict CourtYesTan Swee Khoon v Balu a/l Sinnathamby (DC Suit No 225 of 1998)SingaporeCited as precedent for pain and suffering and loss of earning capacity awards in personal injury cases involving ankle fractures.
Lim Kheok Chew (Administrator of the estate of Valens Lim Kheok Heng, deceased) v Bestwell Woodworking & Renovation, formerly known as Bestwell Woodworking (sued as a firm)District CourtYesLim Kheok Chew (Administrator of the estate of Valens Lim Kheok Heng, deceased) v Bestwell Woodworking & Renovation, formerly known as Bestwell Woodworking (sued as a firm) (DC Suit No 4752 of 1998)SingaporeCited as precedent for pain and suffering awards in personal injury cases involving ankle fractures and complications.
Aw Ang Moh v OCWS Logistics Pte LtdHigh CourtYesAw Ang Moh v OCWS Logistics Pte Ltd (Suit No 960 of 1996)SingaporeCited as precedent for pain and suffering awards in personal injury cases involving metatarsal fractures.
Eh Khan Sio Eh Dam v Choo Chiu NanDistrict CourtYesEh Khan Sio Eh Dam v Choo Chiu Nan (DC Suit No 105 of 1998)SingaporeCited as precedent for pain and suffering awards in personal injury cases involving foot fractures and osteoarthritis.
Ong Kia Cheo & Anor v Ong Ah TeeHigh CourtYesOng Kia Cheo & Anor v Ong Ah Tee (Suit No 153 of 1991)SingaporeCited as precedent for pain and suffering awards in personal injury cases involving tibia, fibula, and calcaneum fractures.
Leonardo Sundrason v Yeo Yeow Kwang & AnorHigh CourtYesLeonardo Sundrason v Yeo Yeow Kwang & Anor (Suit No 431 of 1991)SingaporeCited as precedent for pain and suffering awards in personal injury cases involving torn knee ligaments.
Neo Kim Seng v Clough Petrosa Pte LtdHigh CourtYesNeo Kim Seng v Clough Petrosa Pte Ltd (1996) 3 SLR 522SingaporeCited as precedent for loss of earning capacity awards in personal injury cases involving tibia and ankle fractures.
Wee Sia Tian v Long Thik BoonHigh CourtYesWee Sia Tian v Long Thik Boon (1996) 3 SLR 513SingaporeCited as precedent for loss of earning capacity awards in personal injury cases involving femur fractures.

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 accident
  • Personal injury
  • Pain and suffering
  • Loss of amenity
  • Loss of earnings
  • Loss of earning capacity
  • Osteoarthritis
  • Ankle ligament tear
  • Metatarsal fracture

15.2 Keywords

  • Motorcycle accident
  • Personal injury
  • Damages
  • Negligence
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Measure of Damages80
Damages75
Automobile Accidents70
Motorcycle Accident Law65
Evidence40
Civil Procedure30
Contract Law30

16. Subjects

  • Personal Injury
  • Motor Vehicle Accidents
  • Damages Assessment