Khoo Bee Keong v Ang Chun Hong: Negligence, Contributory Negligence & Pedestrian Rights
In Khoo Bee Keong v Ang Chun Hong and SBS Transit Ltd, the Singapore High Court addressed a negligence claim arising from a traffic accident. Khoo Bee Keong, the plaintiff, was struck by a bus driven by Ang Chun Hong, the first defendant, and owned by SBS Transit Ltd, the second defendant, at a traffic junction. The court, presided over by Justice Andrew Phang Boon Leong, found the first defendant substantially liable for the accident but also held the plaintiff contributorily negligent. The court apportioned liability 80% to the defendants and 20% to the plaintiff. The plaintiff's claim was for negligence, and the defendant argued contributory negligence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff on liability in the proportion of 80% to 20%.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case involving a pedestrian hit by a bus. The court found the bus driver primarily liable but also attributed contributory negligence to the pedestrian.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SBS Transit Ltd | Defendant | Corporation | Liability Established | Lost | |
| Khoo Bee Keong | Plaintiff | Individual | Judgment for Plaintiff | Partial | |
| Ang Chun Hong | Defendant | Individual | Liability Established | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Abdul Salim A Ibrahim | Assomull and Partners |
| Jimmy Yap Tuck Kong | Ngaw Tan and Yap |
4. Facts
- The plaintiff was hit by a bus driven by the first defendant at a traffic junction.
- The accident occurred on 8 September 2003 at approximately 9.15pm.
- The plaintiff claims the traffic lights were green in his favor, while the first defendant claims they were green in his favor.
- The plaintiff sustained severe injuries, especially to his leg.
- The bus's windscreen was badly shattered on the left side.
- The plaintiff was jogging and accompanied by two stray dogs.
- One of the dogs was killed in the accident.
5. Formal Citations
- Khoo Bee Keong v Ang Chun Hong and Another, Suit 872/2004, [2005] SGHC 128
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at approximately 9.15pm | |
| Suit filed (Suit 872/2004) | |
| Judgment issued |
7. Legal Issues
- Negligence
- Outcome: The court found the first defendant substantially to blame for the accident.
- Category: Substantive
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent and apportioned liability accordingly.
- Category: Substantive
- Weight of Evidence
- Outcome: The court assessed the weight of evidence presented by both parties to determine the facts of the accident.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
- Civil Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Weng Cheong v Soh Oh Loo | Court of Appeal | Yes | [1993] 2 SLR 336 | Singapore | Cited regarding the duties of drivers at pedestrian crossings, but distinguished based on differing facts. |
| Cheong Ghim Fah v Murugian s/o Rangasamy | High Court | Yes | [2004] 1 SLR 628 | Singapore | Cited for principles regarding the applicability of the Highway Code and the assessment of contributory negligence. |
| Ang Kuang Hoe v Chia Chor Yew | High Court | Yes | [2004] 1 SLR 696 | Singapore | Distinguished based on the plaintiff crossing at an unmarked spot, unlike the present case. |
| Whitehouse v Jordan | House of Lords | Yes | [1981] 1 WLR 246 | England and Wales | Cited for the principle that an expert has an overriding duty to objective justice and to the court. |
| Vita Health Laboratories Pte Ltd v Pang Seng Meng | High Court | Yes | [2004] 4 SLR 162 | Singapore | Cited regarding the duties of expert witnesses. |
| Leong Wing Kong v PP | Court of Criminal Appeal | Yes | [1994] 2 SLR 54 | Singapore | Cited for the principle that certificates are not imperative for expert witnesses. |
| Lewis v Denye | Court of Appeal | Yes | [1939] 1 KB 540 | England and Wales | Cited for the elements required to establish the defence of contributory negligence. |
| Davies v Swan Motor Co (Swansea) Ld | Court of Appeal | Yes | [1949] 2 KB 291 | England and Wales | Cited for the principle that a pedestrian owes a duty to themselves to take care for their own safety. |
| The Ikarian Reefer | English High Court | Yes | [1993] 2 Lloyd’s Rep 68 | England and Wales | Cited for detailed formulation of the duties of expert witnesses. |
| The Ikarian Reefer | English Court of Appeal | Yes | [1995] 1 Lloyd’s Rep 455 | England and Wales | Cited for detailed formulation of the duties of expert witnesses. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2004 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
| Road Traffic (Pedestrian Crossings) Rules (Cap 276, R 24, 1990 Rev Ed) | Singapore |
| Road Traffic (Motor Vehicles, Speed Limiters) Rules (Cap 276, R 39, 2001 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pedestrian crossing
- Traffic junction
- Contributory negligence
- Apportionment of liability
- Stray dogs
- Traffic lights
- Bus accident
15.2 Keywords
- Negligence
- Contributory negligence
- Pedestrian
- Bus
- Traffic accident
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Personal Injury | 90 |
| Automobile Accidents | 70 |
| Torts | 60 |
| Evidence | 50 |
| Civil Procedure | 30 |
16. Subjects
- Tort Law
- Traffic Law
- Personal Injury Law