Tan Whei Tet Valerie v James Johnbritto: Appeal Leave and Interpretation of Supreme Court of Judicature Act

In Tan Whei Tet Valerie v James Johnbritto, the High Court of Singapore heard an application for leave to appeal a District Court decision regarding a motorcar accident claim. The defendant, Tan Whei Tet Valerie, sought to appeal the judgment sum of $47,880, which was less than the $50,000 threshold requiring leave under s 21(1) of the Supreme Court of Judicature Act. The court, presided over by Justice Choo Han Teck, interpreted s 21(1) and granted leave to appeal, finding that the defendant had raised credible issues for argument. The decision was made on 2003-02-24.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Leave to appeal granted to the defendant with costs in the cause here and below.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for leave to appeal concerning a motorcar accident claim. The court interpreted s 21(1) of the Supreme Court of Judicature Act, granting leave to appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Whei Tet ValerieApplicant, DefendantIndividualLeave to appeal grantedWon
James JohnbrittoRespondent, PlaintiffIndividualAppeal leave granted to other partyLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Ramasamy s/o Karuppan ChettiarHarry Elias Partnership
Perumal AthithamYeo Perumal Mohideen & Partners

4. Facts

  1. The applicant was the defendant in a District Court suit arising from a motorcar accident.
  2. The trial judge found the defendant to be 40% to blame for the accident.
  3. The plaintiff was a cyclist who collided with a car driven by the defendant.
  4. The court assessed damages at $79,800 on a 100% basis.
  5. The amount after apportionment of liability at 60% was $47,880.
  6. The defendant sought to overturn a finding of liability as well as the quantum of damages.
  7. There were no grounds of decision available from the trial judge.

5. Formal Citations

  1. Tan Whei Tet Valerie v James Johnbritto, OS 50/2003, [2003] SGHC 34

6. Timeline

DateEvent
Decision Date
Motorcar accident occurred

7. Legal Issues

  1. Whether leave to appeal required
    • Outcome: The court held that the defendant required leave to appeal.
    • Category: Procedural
  2. Interpretation of s 21(1) Supreme Court of Judicature Act
    • Outcome: The court interpreted s 21(1) of the Supreme Court of Judicature Act.
    • Category: Substantive

8. Remedies Sought

  1. Leave to Appeal

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Civil Litigation

11. Industries

  • Automotive

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322) s 21(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Leave to appeal
  • Supreme Court of Judicature Act
  • Motorcar accident
  • Apportionment of liability
  • Judgment sum

15.2 Keywords

  • Appeal
  • Leave to appeal
  • Motorcar accident
  • Negligence
  • Supreme Court of Judicature Act

17. Areas of Law

Area NameRelevance Score
Civil Procedure90
Appellate Practice70
Automobile Accidents60

16. Subjects

  • Civil Procedure
  • Appeals
  • Statutory Interpretation