Ong Zern Chern Philip v Wong Siang Meng: Damages for Road Traffic Accident Injuries and Loss of Earning Capacity
In the case of Ong Zern Chern Philip v Wong Siang Meng, heard in the High Court of Singapore on 12 November 2004, the plaintiff, Ong Zern Chern Philip, sued the defendant, Wong Siang Meng, for damages arising from a road traffic accident. The plaintiff claimed damages for loss of future earnings and loss of earning capacity. The court awarded the plaintiff damages for loss of future earnings, loss of earning capacity, and special damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff Ong Zern Chern Philip sues Wong Siang Meng for damages from a road traffic accident, claiming loss of future earnings and earning capacity. The court awarded damages for injuries and loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Zern Chern Philip | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Wong Siang Meng | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Gillian Koh Tan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Hanam | Attorneys Inc |
| Nagaraja S Maniam | Just Law LLC |
4. Facts
- The plaintiff was injured in a road traffic accident on 28 March 2001.
- The plaintiff was a tank commander in the Singapore Armed Forces (SAF).
- The plaintiff enlisted in the SAF under the Joint Polytechnic-Singapore Armed Forces Diploma Scheme (JPSD Scheme).
- The plaintiff suffered a disruption of the left ankle syndesmosis and a fracture of the right clavicle.
- The plaintiff was downgraded to PES E9L9 and classified “unfit for any form of physical activities”.
- The SAF had begun to process the termination of the plaintiff’s employment.
- The plaintiff was involved in a second road traffic accident on 20 March 2004.
5. Formal Citations
- Ong Zern Chern Philip v Wong Siang Meng, Suit 53/2004, [2004] SGHC 256
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Plaintiff graduated with a Diploma in Information Technology | |
| Plaintiff commenced employment with the SAF | |
| Plaintiff was downgraded to PES E9L9 | |
| Plaintiff was involved in a second road traffic accident | |
| Interlocutory judgment was entered against the defendant | |
| Plaintiff’s PES was revalidated by the SAF | |
| Notice to plaintiff regarding termination of employment | |
| Judgment reserved | |
| Plaintiff’s employment with the SAF would be terminated | |
| Plaintiff's bond period will expire | |
| Plaintiff would be entitled to the gratuity on the completion of ten years’ employment with the SAF |
7. Legal Issues
- Loss of Future Earnings
- Outcome: The court awarded $29,000 for loss of future earnings, specifically the START gratuity.
- Category: Substantive
- Loss of Earning Capacity
- Outcome: The court awarded $80,000 for loss of earning capacity, assessed 'in the round'.
- Category: Substantive
- Assessment of Special Damages
- Outcome: The court awarded $8,352.40 for special damages related to sums the plaintiff had to repay to the SAF.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Military
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mukhtiar Singh v Belwyndarjeet Singh | High Court | Yes | [1993] 3 SLR 741 | Singapore | Cited as a comparable case for assessing loss of earning capacity, although the court ultimately distinguished it based on the extent and nature of the injuries. |
| Soon Pook Seng Arthur v Oceaneering International Sdn Bhd | High Court | Yes | [1995] 3 SLR 531 | Singapore | Cited for the principle that a fair possibility of a future event must be taken into account when assessing damages. |
| Teo Sing Keng and another v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR 634 | Singapore | Cited for the principle that compensation for loss of future earnings is awarded for real assessable loss which can be proved by evidence at trial and for the principle that the plaintiff should be compensated for loss of earning capacity where there is clear evidence that he would not earn as much in the future. |
| Teo Sing Keng and another v Sim Ban Kiat | Court of Appeal | Yes | [1994] SGCA 20 | Singapore | Cited for the principle that compensation for loss of future earnings is awarded for real assessable loss which can be proved by evidence at trial and for the principle that the plaintiff should be compensated for loss of earning capacity where there is clear evidence that he would not earn as much in the future. |
| Moeliker v A Reyrolle & Co Ltd | N/A | Yes | [1977] 1 All ER 9 | N/A | Cited for the principle that compensation for loss of future earnings is awarded for real assessable loss which can be proved by evidence at trial. |
| Fairley v John Thompson (Design & Contracting Division) Ltd | N/A | Yes | [1973] 2 Lloyds Rep 40 | N/A | Cited for the principle that compensation for loss of future earnings is awarded for real assessable loss which can be proved by evidence at trial. |
| Ong Ah Long v Underwood | N/A | Yes | [1983] 2 MLJ 324 | Malaysia | Cited for the principle that an injured plaintiff is entitled to damages for the loss of earnings and profits which he has suffered by reason of his injuries up to the date of the trial and for the loss of the prospective earnings and profits of which he is likely to be deprived in the future. |
| Chang Ah Lek v Lim Ah Koon | High Court | Yes | [1999] 1 SLR 82 | Singapore | Cited for the principle that loss of earning capacity is assessed “in the round” and the courts have generally held that it is inappropriate to adopt the multiplier/multiplicand approach to the assessment. |
| Smith v Manchester Corporation | N/A | Yes | [1974] 17 KIR 1 | N/A | Cited for the principle that it is inappropriate, when assessing this element of loss [of earning capacity], to attempt to calculate any annual sum or to apply to any annual sum so many years’ purchase. |
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
- Singapore Armed Forces
- SAF
- Joint Polytechnic-Singapore Armed Forces Diploma Scheme
- JPSD Scheme
- Physical Employment Status
- PES
- Specialist Account to Reward Ten Years Engagement
- START
- Loss of future earnings
- Loss of earning capacity
15.2 Keywords
- road traffic accident
- personal injury
- loss of earnings
- loss of earning capacity
- Singapore Armed Forces
- SAF
- damages
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Road Traffic Accident Claim | 80 |
| Loss of future earnings | 75 |
| Loss of Earning Capacity | 75 |
| Automobile Accidents | 70 |
| Damages Assessment | 60 |
| Measure of Damages | 50 |
| Employment Law | 30 |
16. Subjects
- Personal Injury
- Damages Assessment
- Employment Law