Tan Woei Jinn v Thapjang Amorthap: Assessment of Damages for Foreign Worker's Injury

In Tan Woei Jinn v Thapjang Amorthap, the High Court of Singapore heard an appeal by the defendants, Thapjang Amorthap and Enbee Contractor Pte Ltd, against the assistant registrar's assessment of damages awarded to the plaintiff, Tan Woei Jinn, a Malaysian worker injured in a motor accident. The appeal concerned the quantum of damages for pre-trial and future loss of earnings. The court allowed the appeal in part, adjusting the awards for both pre-trial and future loss of earnings based on the plaintiff's potential earnings in Singapore and Malaysia.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part. The award for pre-trial loss of earnings was adjusted to $32,190.15, and the award for loss of future earnings was adjusted to $111,690.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages awarded to a foreign worker injured in a traffic accident, focusing on pre-trial and future loss of earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Woei JinnPlaintiff, RespondentIndividualAppeal allowed in partPartial
Thapjang AmorthapDefendant, AppellantIndividualAppeal allowed in partPartial
Enbee Contractor Pte LtdDefendant, AppellantCorporationAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Namasivayam SrinivasanHoh Law Corporation
See Hui HuiHoh Law Corporation
Lim Hui YingKhattar Wong and Partners
Patrick YeoKhattar Wong and Partners

4. Facts

  1. The plaintiff, a Malaysian, was injured in a motor accident in Singapore on 27 April 2002.
  2. The plaintiff worked in Singapore as a carpenter before the accident.
  3. The parties consented to interlocutory judgment with the defendants paying 85% of assessed damages.
  4. The assistant registrar awarded damages for pre-trial and future loss of earnings.
  5. The defendants appealed against the quantum of damages awarded for loss of earnings.
  6. The plaintiff returned to Malaysia after the accident and secured employment repairing telephones.
  7. The plaintiff suffered several disabilities as a result of the accident.

5. Formal Citations

  1. Tan Woei Jinn v Thapjang Amorthap, Suit 343/2003, RA 239/2004, [2005] SGHC 53

6. Timeline

DateEvent
Motor accident occurred involving the plaintiff's motorcycle and a motor lorry.
Plaintiff began working for Vision Design and Contracts Pte Ltd.
Plaintiff began working for Chuan Fa Interior Design.
Neurologist Dr. Ho King Hee assessed the plaintiff.
Plaintiff secured employment in Malaysia repairing telephones.
Judgment reserved.

7. Legal Issues

  1. Assessment of Damages for Future Loss of Earnings
    • Outcome: The court determined that the multiplier should be split to account for the plaintiff's potential return to Malaysia and adjusted the multiplicands to reflect earning levels in both Singapore and Malaysia.
    • Category: Substantive
    • Sub-Issues:
      • Appropriateness of multiplier
      • Applicability of multiple multiplicands
  2. Assessment of Damages for Pre-Trial Loss of Earnings
    • Outcome: The court upheld the assistant registrar's approach to calculating pre-trial loss of earnings but adjusted the final award to reflect the agreed-upon 85% liability.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Civil Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Loss of earnings
  • Multiplier
  • Multiplicand
  • Pre-trial loss
  • Future loss
  • Foreign worker
  • Assessment of damages

15.2 Keywords

  • Damages
  • Personal Injury
  • Foreign Worker
  • Singapore
  • Loss of Earnings
  • Assessment

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Automobile Accidents80
Damages Assessment75
Measure of Damages70
Traffic Accident Law60
Foreign Worker Rights40
Contract Law30
Evidence Law25

16. Subjects

  • Damages Assessment
  • Personal Injury
  • Employment Law