Tan Siok Yee v Chong Voon Kee Ivan: Determining Liability in Negligence for Motor Accident Injuries

In Tan Siok Yee (suing by the committee of the person and estate, Liew Chee Kong) and Others v Chong Voon Kee Ivan, the High Court of Singapore addressed a negligence claim arising from a motor accident on 28 March 2002, where Tan Siok Yee sustained serious head injuries. The court, presided over by Lai Siu Chiu J, found both the defendant, Chong Voon Kee Ivan, and the first plaintiff, Tan Siok Yee, equally liable for the accident. The court directed the Registrar to assess damages and reserved the costs thereof to the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Interlocutory judgment for the plaintiffs with costs based on 50% liability.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving a motor accident where Tan Siok Yee sustained serious injuries. The court found both the defendant motorist and the plaintiff pedestrian equally liable for the accident.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Siok YeePlaintiffIndividualInterlocutory judgmentPartial
Liew Chee KongPlaintiffIndividualInterlocutory judgmentPartial
Liew Hoe PengPlaintiffIndividualInterlocutory judgmentPartial
Liew Yian YeePlaintiffIndividualInterlocutory judgmentPartial
Liao Hao YuPlaintiffIndividualInterlocutory judgmentPartial
Chong Voon Kee IvanDefendantIndividualInterlocutory judgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Muthu KumaranJusticius Law Corporation
Gan Seng CheeAng and Partners
Anna QuahAng and Partners

4. Facts

  1. The first plaintiff sustained serious head injuries after being hit by the defendant's car.
  2. The accident occurred on 28 March 2002 at Lorong Telok.
  3. The defendant was reversing his car when the accident occurred.
  4. The first plaintiff was on her way to the bank to deposit cash for the coffee shop where she worked.
  5. The defendant was reversing a long distance to get into a parking bay.
  6. The court found that the defendant did not see the first plaintiff before the collision.
  7. The first plaintiff stepped onto the road without looking out for traffic.

5. Formal Citations

  1. Tan Siok Yee (suing by the committee of the person and estate, Liew Chee Kong) and Others v Chong Voon Kee Ivan, Suit 608/2004, [2005] SGHC 157

6. Timeline

DateEvent
Motor accident occurred resulting in serious head injuries to Tan Siok Yee.
Liew Chee Kong was appointed the committee of the person and the estate of the first plaintiff.
The defendant paid a composition fine of $500 to compound the offence of failing to drive in an orderly and careful manner.
Suit 608/2004 filed.
Judgment reserved.

7. Legal Issues

  1. Negligence
    • Outcome: The court found both the defendant and the first plaintiff equally liable for negligence.
    • Category: Substantive
  2. Contributory Negligence
    • Outcome: The court found the first plaintiff contributorily negligent.
    • Category: Substantive
  3. Duty of Care
    • Outcome: The court considered the duty of care owed by motorists and pedestrians.
    • Category: Substantive
  4. Res Ipsa Loquitur
    • Outcome: The court found the plaintiffs' reliance on the maxim res ipsa loquitur to be misconceived.
    • Category: Substantive

8. Remedies Sought

  1. Damages for personal injuries

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Motor Vehicle Accidents

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Zhang Wan Bo v Poh Kay LeongHigh CourtYes[2002] SGHC 274SingaporeCited by the plaintiffs' counsel to argue that the defendant should be solely liable for the accident, but the court found the case to be misplaced due to differing facts.
Tremayne v HillN/AYes[1987] RTR 131N/ACited for the principle that a pedestrian may cross a road at any point, provided they take reasonable care for their own safety.

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

  • Negligence
  • Contributory negligence
  • Duty of care
  • Res ipsa loquitur
  • Motor accident
  • Reversing
  • Blind spots
  • Pedestrian
  • Motorist

15.2 Keywords

  • negligence
  • motor accident
  • pedestrian
  • reversing
  • contributory negligence
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Negligence95
Automobile Accidents80
Personal Injury75
Evidence40
Civil Procedure30

16. Subjects

  • Tort Law
  • Negligence
  • Motor Vehicle Accidents