Ho Yiu v Lim Peng Seng: Assessment of Damages for Art Director's Accident Injuries

In the case of Ho Yiu v Lim Peng Seng, heard in the High Court of Singapore on 27 September 2004, the court considered the assessment of damages for Mr. Ho Yiu, who sustained injuries in a traffic accident caused by Mr. Lim Peng Seng. Mr. Ho claimed damages for loss of earnings and future medical expenses. The court allowed both appeals in part and varied the orders accordingly.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for Ho Yiu, an art director, injured in an accident caused by Lim Peng Seng. The court reviews awards for loss of earnings and future medical expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ho YiuPlaintiff, AppellantIndividualAppeal allowed in partPartial
Lim Peng SengDefendant, RespondentIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Ramasamy ChettiarACIES Law Corporation
Kwok-Chern Yew TeeLawrence Chua and Partners
Balu RaoB Rao and K S Rajah

4. Facts

  1. Mr. Ho Yiu was injured in a traffic accident caused by the defendant, Mr. Lim Peng Seng.
  2. Mr. Ho was an art director earning $6,000 a month at the time of the accident.
  3. Mr. Ho sustained injuries including a fractured nasal septum, soft tissue injury to the cervical spine, and closed head injury.
  4. Mr. Ho's injuries resulted in disabilities that made him unfit to work as an art director.
  5. Mr. Ho's employer terminated his employment due to his injuries.
  6. The assistant registrar assessed damages, but both parties appealed the awards for loss of earnings and future medical expenses.

5. Formal Citations

  1. Ho Yiu v Lim Peng Seng, Suit 1604/2001, RA 38/2004, 40/2004, [2004] SGHC 218

6. Timeline

DateEvent
Accident occurred, causing injuries to Mr. Ho Yiu.
Mr. Ho applied for jobs outside the design industry.
Plaintiff ought to have found some form of employment.
Mr. Ho's daughter was born.
Wage freeze was in place at GCPL.
GCPL went into voluntary liquidation.
Judgment reserved.

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court varied the awards for pre-trial earnings, loss of future earnings, and future medical expenses.
    • Category: Substantive
    • Sub-Issues:
      • Loss of earnings
      • Future medical expenses

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Assessment of Damages
  • Personal Injury Litigation

11. Industries

  • Design
  • Advertising

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chang Ah Lek v Lim Ah KoonCourt of AppealYes[1999] 1 SLR 82SingaporeCited regarding the multiplier for loss of future earnings.
O’Brien’s Curator Bonis v British Steel plcN/AYes1991 SLT 477ScotlandCited regarding the assessment of an award for future care or future expenditure.

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

  • Art director
  • Loss of earnings
  • Future medical expenses
  • Multiplier
  • Multiplicand
  • Mitigation of damages
  • Post-traumatic stress disorder
  • Prism lenses

15.2 Keywords

  • Accident
  • Damages
  • Art Director
  • Loss of Earnings
  • Medical Expenses

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Damages Assessment85
Assessment of Damages80
Traffic Accident Law75
Automobile Accidents70
Loss of Earnings65
Negligence60
Future Medical Expenses55
Evidence40
Civil Procedure30

16. Subjects

  • Personal Injury
  • Damages Assessment