Zubaida Binte Hussain v Tan Sze Joo: Personal Injury Claim for Road Accident
In the High Court of Singapore, Zubaida Binte Hussain and others sued Tan Sze Joo for damages arising from a car accident on 30 September 2000. The Plaintiff, Zubaida Binte Hussain, claimed for pain, suffering, loss of earnings, and special damages, alleging that the accident caused her physical injuries and depression, leading to early retirement. The court, presided over by AR Ching Sann, found the Defendant 77.5% liable but determined that the Plaintiff's depression was primarily due to her mother's death, not the accident. The court awarded damages for physical injuries but disallowed claims related to depression and loss of earnings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff; damages awarded for physical injuries, but claims for depression-related losses disallowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case involving Zubaida Binte Hussain's claim for injuries and depression following a car accident. The court awarded damages for physical injuries but disallowed claims related to depression.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zubaida Binte Hussain | Plaintiff | Individual | Partial Judgment | Partial | |
| Abdul Kadir Bin Salleh Talib | Plaintiff | Individual | Other | Neutral | |
| Abdul Rahman Bin Mohamed Hussain | Plaintiff | Individual | Other | Neutral | |
| Maryam Zai Adabi BT Al-Mansor Adabi | Plaintiff | Individual | Other | Neutral | |
| Ana Mariani Siswadi | Plaintiff | Individual | Other | Neutral | |
| Tan Sze Joo | Defendant | Individual | Partial Loss | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ching Sann | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The Plaintiff was involved in a car accident on 30 September 2000.
- The Plaintiff's mother was hospitalized in the Intensive Care Unit at the time of the accident.
- The Plaintiff's mother passed away approximately one week after the accident.
- The Plaintiff claimed to suffer from nightmares, flashbacks, and depression as a result of the accident.
- The Plaintiff took early retirement in December 2001.
- The court found the Defendant 77.5% liable for the accident.
- The Plaintiff had been transferred to Queenstown Primary in early 2001.
5. Formal Citations
- Zubaida Binte Hussain and Others v Tan Sze Joo, Suit 577/2003, [2004] SGHC 207
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Plaintiff's mother passed away approximately a week after the accident | |
| Plaintiff took early retirement | |
| Interlocutory judgment entered for the Plaintiff at 77.5% liability against the Defendant | |
| Decision Date |
7. Legal Issues
- Causation of Depression
- Outcome: The court held that the Plaintiff's depression was primarily caused by her mother's death, not the accident.
- Category: Substantive
- Assessment of Damages for Physical Injuries
- Outcome: The court awarded damages for specific physical injuries sustained in the accident.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Balbir Singh s/o Hira Singh v Chuang Woon Chin Olivia | High Court | Yes | Balbir Singh s/o Hira Singh v Chuang Woon Chin Olivia | Singapore | Cited to determine the appropriate amount of damages for a laceration on the lip. |
| Yazid Bin Yakob v Ong Siong Chai | High Court | Yes | Yazid Bin Yakob v Ong Siong Chai | Singapore | Cited to determine the appropriate amount of damages for a laceration on the lip. |
| Leong Mei Li Jaice v Low Mun Seng | High Court | Yes | Leong Mei Li Jaice v Low Mun Seng | Singapore | Cited to determine the appropriate amount of damages for a haematoma. |
| Wan Sum Wah v Singapore Bus Service | High Court | Yes | Wan Sum Wah v Singapore Bus Service | Singapore | Cited to determine the appropriate amount of damages for neck injuries. |
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
- Post-traumatic stress symptoms
- Causation
- Loss of earnings
- Special damages
- Loss of amenities
- Early retirement
15.2 Keywords
- car accident
- personal injury
- depression
- damages
- causation
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Measure of Damages | 80 |
| Damages | 75 |
| Automobile Accidents | 70 |
| Post-Traumatic Stress Symptoms | 65 |
| Causation | 60 |
| Evidence | 50 |
| Civil Procedure | 40 |
| Loss of Amenities | 30 |
16. Subjects
- Personal Injury
- Motor Vehicle Accident