Lee Teck Nam v Kang Hock Seng Paul: Assessment of Damages for Personal Injury
In Lee Teck Nam v Kang Hock Seng Paul, the High Court of Singapore heard an appeal and cross-appeal regarding the assessment of damages for personal injuries sustained by Lee Teck Nam due to Kang Hock Seng Paul's negligence. The court, presided over by Justice Andrew Ang, addressed issues including loss of pre-trial and future earnings, pain and suffering, and loss of salary increments. The court adjusted the assistant registrar's assessment, increasing the award for pain and suffering and making adjustments to the calculations for loss of earnings and increments. The appeal was allowed in part, and the cross-appeal was dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part; cross-appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the assessment of damages for personal injury, focusing on loss of earnings and pain and suffering. The court adjusted the awards for pain and suffering, pre-trial earnings, and future earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Teck Nam | Appellant, Plaintiff | Individual | Appeal allowed in part | Partial | |
| Kang Hock Seng Paul | Respondent, Defendant | Individual | Cross-appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was involved in an accident on 22 June 1999, sustaining severe injuries.
- The plaintiff suffered a severe comminuted open fracture of the right tibia and fibula.
- The plaintiff was on medical leave for more than 15 months following the accident.
- The plaintiff's employer treated some salary payments during medical leave as a loan.
- The plaintiff resigned from his job in August 2001 due to his physical injuries.
- The plaintiff claimed damages for pain and suffering, loss of earnings, and other expenses.
- The assistant registrar made an initial assessment of damages, which was appealed by both parties.
5. Formal Citations
- Lee Teck Nam v Kang Hock Seng Paul, Suit 57/2002, RA 4/2005, 5/2005, [2005] SGHC 136
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Plaintiff began medical leave | |
| Employer started paying two-thirds of salary | |
| Plaintiff's medical leave ended | |
| Plaintiff resumed work as assistant front office manager | |
| Plaintiff began medical leave | |
| Plaintiff's medical leave ended | |
| Plaintiff resumed work | |
| Plaintiff asked to perform full duties | |
| Plaintiff tendered resignation | |
| Plaintiff's last day of work | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages
- Outcome: The court adjusted the assessment of damages, modifying the awards for pain and suffering, pre-trial earnings, and future earnings.
- Category: Substantive
- Sub-Issues:
- Calculation of loss of future earnings
- Inclusion of salary increments
- Mitigation of loss
- Related Cases:
- [2005] SGHC 136
- (1880) 5 AC 25
- [1989] SLR 855
- [1956] AC 185
- [1970] AC 1
- [1963] 1 QB 750
- [1957] 2 QB 154
- [1988] AC 514
- [1993] 3 SLR 89
- [1999] 1 SLR 82
- Loss of Future Earnings
- Outcome: The court adjusted the multiplier used to calculate loss of future earnings, taking into account the plaintiff's remaining working life and current investment return rates.
- Category: Substantive
- Sub-Issues:
- Multiplier for calculating loss
- Discounting for future contingencies
- Investment value of lump sum award
- Related Cases:
- [1993] 3 SLR 89
- Mitigation of Loss
- Outcome: The court found that the plaintiff's efforts to mitigate his loss were insufficient due to the negative tone of his application letters, but allowed partial recovery for loss of income.
- Category: Substantive
- Sub-Issues:
- Reasonableness of resignation
- Efforts to seek employment
- Impact of application letters
8. Remedies Sought
- Monetary Damages
- Compensation for pain and suffering
- Loss of earnings
- Medical expenses
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Civil Litigation
11. Industries
- Hospitality
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Livingstone v The Rawyards Coal Co | N/A | Yes | (1880) 5 AC 25 | N/A | Cited for the general rule that damages should put the injured party in the same position as if the wrong had not occurred. |
| Goh Eng Hong v Management Corporation of Textile Centre | N/A | No | [2003] 1 SLR 209 | Singapore | Cited by the defendant's counsel regarding the quantum of damages, but the court found the injuries in that case were not as severe. |
| Vittorio Luigi Roveda v Singapore Bus Service (1978) Ltd | High Court | No | Vittorio Luigi Roveda v Singapore Bus Service (1978) Ltd | Singapore | Cited as a comparable case for pain and suffering, but the court found the injuries in the present case were more severe. |
| Khoo Ih Chu v Chong Hoe Siong Jeremy | N/A | Yes | [1989] SLR 855 | Singapore | Cited for the principle that a tortfeasor cannot insist on the plaintiff exercising contractual rights to reduce damages. |
| British Transport Commission v Gourley | House of Lords | No | [1956] AC 185 | England | Cited for the principle that damages for loss of earning capacity must consider income tax savings. |
| Bradburn v The Great Western Railway Co | N/A | Yes | Bradburn v The Great Western Railway Co (1874) LR 10 Ex 1 | N/A | Cited for the principle that insurance moneys are not deducted in assessing damages. |
| Parry v Cleaver | House of Lords | Yes | [1970] AC 1 | England | Cited for the principle that a pension should not be deducted in the computation of damages for loss of earnings. |
| Browning v The War Office | N/A | Yes | [1963] 1 QB 750 | England | Cited for the principle that sick pay is deducted from damages for loss of earnings. |
| Receiver For The Metropolitan Police District v Croydon Corporation | N/A | Yes | [1957] 2 QB 154 | England | Cited for the principle that sick pay is deducted from damages for loss of earnings. |
| Husain v New Taplow Paper Mills Ltd | N/A | Yes | [1988] AC 514 | England | Cited for the principle that wages paid during sick leave are deducted from damages for loss of earnings. |
| Low Swee Tong v Liew Machinery (Pte) Ltd | N/A | No | [1993] 3 SLR 89 | Singapore | Cited for the distinction between loss of future earnings and loss of earning capacity. |
| Chang Ah Lek v Lim Ah Koon | N/A | Yes | [1999] 1 SLR 82 | Singapore | Cited for the principle that loss of future increments and promotion opportunities fall within loss of future earnings. |
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
- Assessment of damages
- Loss of future earnings
- Pre-trial earnings
- Pain and suffering
- Multiplier
- Mitigation of loss
- Salary increments
- Personal injury
- Comminuted fracture
- Medical leave
15.2 Keywords
- personal injury
- damages
- loss of earnings
- pain and suffering
- assessment
- mitigation
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Damages Assessment | 95 |
| Personal Injury | 90 |
| Loss of future earnings | 90 |
| Measure of Damages | 85 |
| Automobile Accidents | 60 |
| Civil Procedure | 30 |
16. Subjects
- Personal Injury
- Damages
- Civil Procedure