Du Zhao Di v Lee Chee Yian: Interim Payment Application for Construction Worker's Accident Claim
In Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) v Lee Chee Yian (Mayban General Assurance, intervener), the High Court of Singapore heard an application for an interim payment of $100,000 by Ms. Du Zhao Di, acting as the Committee of Person and Estate for her husband, Mr. Jiang Hui Ping, who suffered severe injuries in a traffic accident. The court allowed the application, ordering an interim payment of $100,000 to be made against the defendant, Lee Chee Yian.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for interim payment allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Interim payment application for a construction worker's accident. The court allowed the application, ordering an interim payment of $100,000.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) | Applicant | Individual | Application for interim payment allowed | Won | |
| Lee Chee Yian | Defendant, Respondent | Individual | Interim payment ordered | Lost | |
| Mayban General Assurance Berhad | Intervener | Corporation | Intervention allowed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Mohamed Faizal AR | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Magdelene Loh | Characterist LLC |
| Rai Mahendran Prasad | Comma & Rai |
4. Facts
- Defendant stopped his car at a bus stop on Hougang Avenue 3 to ask for directions.
- Defendant opened the driver's side door without checking for oncoming traffic.
- Jiang Hui Ping, a cyclist, collided with the open car door and was flung off his bicycle.
- Jiang Hui Ping suffered severe brain damage and remains in a vegetative state.
- Du Zhao Di, Jiang's wife, was appointed as his Committee of Person and Estate.
- Insurers repudiated the insurance policy due to the defendant's non-cooperation.
5. Formal Citations
- Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) v Lee Chee Yian (Mayban General Assurance, intervener), Suit 230/2007, SUM 1683/2007, [2007] SGHC 88
6. Timeline
| Date | Event |
|---|---|
| Accident occurred involving Jiang Hui Ping and Lee Chee Yian. | |
| Police report filed by Lee Chee Yian. | |
| Mayban General Assurance Berhad repudiated liability on the insurance policy. | |
| Initial hearing of the application for interim payment. | |
| Insurers applied to be added as interveners. | |
| Hearing on the application for interim payment. | |
| Judgment issued. |
7. Legal Issues
- Interim Payment
- Outcome: The court held that the requirements for an interim payment were met and granted the application.
- Category: Procedural
- Sub-Issues:
- Satisfaction of Order 29 rule 11(1)(c) of the Rules of Court
- Satisfaction of Order 29 rule 11(2) of the Rules of Court
- Interpretation of 'insured' under Order 29 rule 11(2)(a) of the Rules of Court
- Quantum of interim payment
- Breach of Duty of Care
- Outcome: The court found it likely that the defendant breached his duty of care to other road users.
- Category: Substantive
8. Remedies Sought
- Interim Payment
- Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Insurance Claims
11. Industries
- Construction
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| United Oriental Assurance Sdn Bhd v Ng King See | Unknown | Yes | [1987] 2 MLJ 264 | Malaysia | Cited regarding the insurer's duty and legal right to represent the defendant after repudiation of the insurance contract. |
| British and Commonwealth Holdings PLC v Quadrex Holdings Inc | Queen's Bench | Yes | [1989] QB 842 | England and Wales | Cited for the standard that must be met by a plaintiff before a court grants an interim payment. |
| Sherman Lehman v Maclaine Watson | Unknown | Yes | [1987] 1 WLR 480 | England and Wales | Cited for the standard of proof required in interim payment applications. |
| Sharp v Pareria and another | Unknown | Yes | Sharp v Pareria and another [1998] 4 All ER 145 | England and Wales | Cited for the disjunctive interpretation of the limbs of Order 29 rule 11(2) of the Rules of Supreme Court 1965 (UK). |
| Ong & Co Pte Ltd v Ngu Tieng Ung | High Court | Yes | [1999] 4 SLR 379 | Singapore | Cited for the approach followed in domestic jurisprudence regarding interim payments. |
13. Applicable Rules
| Rule Name |
|---|
| Order 29, Rule 11(1)(c) of the Rules of Court |
| Order 29, Rule 11(2) of the Rules of Court |
| O 15 r 6(2) of the Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) | Singapore |
| Motor Vehicles (Third Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Payment
- Committee of Person and Estate
- Repudiation
- Motor Vehicle Insurance
- Contributory Negligence
- Duty of Care
- Substantial Damages
15.2 Keywords
- Interim Payment
- Personal Injury
- Negligence
- Insurance
- Accident
- Construction Worker
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Interim Payment | 80 |
| Automobile Accidents | 70 |
| Motor Vehicle Insurance Policy | 65 |
| Insurance | 60 |
| Civil Procedure | 50 |
16. Subjects
- Civil Procedure
- Personal Injury
- Insurance