Ari bin Abdullah v Ong Chwee Siew: Negligence, Contributory Negligence & Admissibility of Criminal Conviction in Civil Proceedings
In 2005, Ari bin Abdullah and Mohd Hussin bin Ismail were involved in a motor accident with Ong Chwee Siew at the junction of Woodlands Road and Sungei Kadut Avenue. Hussin died, and Ari was severely injured. Ari's parents, as his committee, and Hussin's wife, Farida bte Umar, sued Ong for negligence in Suit Nos 377 and 328 of 2006, respectively. Ong sought contribution from Ari for contributory negligence. The High Court of Singapore found Ong wholly liable for the accident, citing his prior criminal convictions for causing death and grievous hurt, and dismissed Ong's claim for contribution. Judgment was entered for the plaintiffs, with damages to be assessed by the Registrar.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ari bin Abdullah sues Ong Chwee Siew for negligent driving. The court considered the admissibility of Ong's criminal conviction and contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ari bin Abdullah (by his committee of person and estate, Sariah bte Tarmon and another) | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Ong Chwee Siew | Defendant | Individual | Claim Dismissed | Lost | |
| Farida bte Umar (administratrix of the estate of Mohd Hussin bin Ismail, deceased) | Plaintiff, Third Party | Individual | Judgment for Plaintiff | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
4. Facts
- Ong drove his lorry and collided with Hussin's motorcycle at a T-junction.
- Hussin died, and Ari sustained serious injuries.
- Ong was charged with causing death and grievous hurt under the Penal Code.
- Ong pleaded guilty to the charges under the Penal Code.
- Ong admitted that he failed to stop and give way to oncoming vehicles.
- A witness testified that Ong was travelling very fast and did not stop before turning right.
- The traffic lights were green in favor of the motorcycle and the witness.
5. Formal Citations
- Ari bin Abdullah (by his committee of person and estate, Sariah bte Tarmon and another) v Ong Chwee Siew (Farida bte Umar (administratrix of the estate of Mohd Hussin bin Ismail, deceased) (third party), Suit 377/2006, 328/2006, [2007] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Motor accident occurred at the junction of Woodlands Road and Sungei Kadut Avenue. | |
| Suit No 377 of 2006 was instituted by Ari’s parents. | |
| Suit No 328 of 2006 was instituted by Hussin’s wife. | |
| Judgment reserved. |
7. Legal Issues
- Negligence
- Outcome: The court found the defendant wholly liable for negligence.
- Category: Substantive
- Contributory Negligence
- Outcome: The court dismissed the defendant's claim of contributory negligence.
- Category: Substantive
- Admissibility of Evidence
- Outcome: The court admitted the defendant's prior criminal convictions and the statement of facts from the criminal proceedings as evidence in the civil case.
- Category: Procedural
- Related Cases:
- [1943] 1 KB 587
- [2005] 2 SLR 455
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 |
|---|---|---|---|---|---|
| Hollington v F Hewthorn and Company, Limited | King's Bench | No | [1943] 1 KB 587 | England and Wales | Cited as the case that established the rule that a criminal conviction is not admissible as evidence in subsequent civil proceedings, which was reversed by s 45A of the Evidence Act. |
| Ong Bee Nah v Won Siew Wan (Yong Tian Choy, Third Party) | High Court | Yes | [2005] 2 SLR 455 | Singapore | Cited for its extensive discussion of s 45A of the Evidence Act. |
| Joseph Eva, Limited v Reeves | Court of Appeal | Yes | [1938] 2 KB 393 | England and Wales | Cited for the principle that a driver with the right of way is entitled to assume that other drivers will obey traffic signals. |
| Loh Saik Pew v Tan Chuan Huat | Court of Appeal | No | [1975-1977] SLR 189 | Singapore | Cited and distinguished on the facts, as the court in that case found contributory negligence on the part of the motorcyclist because the lights were amber, not red, when the other driver entered the intersection. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 304A | Singapore |
| Penal Code s 338 | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 65(b) | Singapore |
| Evidence Act (Cap 97, 1999 Rev Ed) s 45A | Singapore |
| Evidence Act s 45A(5) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Motor accident
- Negligent driving
- Contributory negligence
- Statement of facts
- Right of way
- Traffic lights
- Plea of guilt
- Criminal conviction
- Civil proceedings
15.2 Keywords
- Negligence
- Motor accident
- Evidence
- Contributory negligence
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Automobile Accidents | 80 |
| Road Traffic Act | 80 |
| Personal Injury | 75 |
| Contributory negligence | 70 |
| Wrongful Death | 60 |
| Evidence Law | 60 |
| Criminal Law | 40 |
16. Subjects
- Tort Law
- Evidence Law
- Motor Vehicle Law