Sim Cheng Soon v BT Engineering: Employee Injury & Breach of Factories Act

Sim Cheng Soon sued BT Engineering Pte Ltd and Keppel Shipyard Limited in the High Court of Singapore, alleging negligence, breach of statutory duty under the Factories Act, and occupier's liability, following an industrial accident on 2002-06-22. Sim claimed he fell through an uncovered opening while working on a vessel in Keppel Shipyard. The court, presided over by Justice Lai Siu Chiu, dismissed Sim's claim, finding that the accident likely occurred due to Sim falling from a ladder and that the defendants did not breach their duty of care or statutory obligations.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claim Dismissed

1.3 Case Type

Tort

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Employee Sim Cheng Soon sued BT Engineering and Keppel Shipyard for injuries sustained at work. The court dismissed the claim, finding no breach of duty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sim Cheng SoonPlaintiffIndividualClaim DismissedLostWu Xiaowen
BT Engineering Pte LtdDefendantCorporationJudgment for DefendantWonEdwina Fan, Diana Ang
Keppel Shipyard LtdDefendantCorporationJudgment for DefendantWonEdwina Fan, Diana Ang

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Wu XiaowenLexton Law Corporation
Edwina FanKelvin Chia Partnership
Diana AngKelvin Chia Partnership

4. Facts

  1. Plaintiff, a welder with 30 years of experience, was employed by BT Engineering.
  2. Plaintiff was deployed to Keppel Shipyard to work on a vessel.
  3. Plaintiff claimed he fell through an uncovered and unfenced opening in a working platform.
  4. Plaintiff sustained serious injuries, resulting in quadriplegia.
  5. Defendants alleged the plaintiff lost his grip while descending a ladder.
  6. No one witnessed the accident.

5. Formal Citations

  1. Sim Cheng Soon v BT Engineering Pte Ltd and Another, Suit 547/2004, [2005] SGHC 223

6. Timeline

DateEvent
Plaintiff started working as a general welder.
Plaintiff deployed to carry out welding works on board the vessel.
Industrial accident occurred.
Plaintiff's solicitors sent a letter to the defendants giving notice of his claim.
Judgment reserved.

7. Legal Issues

  1. Breach of Statutory Duty under Factories Act
    • Outcome: The court found that the defendants did not breach Section 33 of the Factories Act.
    • Category: Substantive
    • Sub-Issues:
      • Failure to construct soundly
      • Failure to properly maintain means of access
  2. Negligence
    • Outcome: The court found that the defendants did not breach their duty of care to provide a safe system of work.
    • Category: Substantive
    • Sub-Issues:
      • Breach of duty of care
      • Failure to provide safe system of work
  3. Occupier's Liability
    • Outcome: The court found that the defendants were not liable as occupiers as there was no concealed or unusual danger.
    • Category: Substantive
    • Sub-Issues:
      • Breach of duty of care as occupier
      • Failure to provide safe system of work

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Statutory Duty
  • Negligence
  • Occupier's Liability

10. Practice Areas

  • Personal Injury
  • Workplace Accidents
  • Construction Law

11. Industries

  • Construction
  • Shipbuilding

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Indermaur v DamesCourt of Common PleasYesIndermaur v Dames (1886) LR 1 CP 274England and WalesCited for the principle of occupier's liability to invitees.
Parno v SC Marine Pte LtdCourt of Appeal of SingaporeYesParno v SC Marine Pte Ltd [1999] 4 SLR 579SingaporeCited for the common law duty of care owed by employers to employees.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Factories Act (Cap 104, 1998 Rev Ed)Singapore
Section 33 Factories Act (Cap 104, 1998 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Industrial accident
  • Welding
  • Shipyard
  • Working platform
  • Factories Act
  • Occupier's liability
  • Negligence
  • Duty of care

15.2 Keywords

  • industrial accident
  • workplace injury
  • negligence
  • factories act
  • occupiers liability
  • welding
  • shipyard

16. Subjects

  • Tort Law
  • Workplace Safety
  • Occupier's Liability

17. Areas of Law

  • Tort
  • Breach of Statutory Duty
  • Negligence
  • Occupier's Liability
  • Workplace Safety