Zheng San Gen v OGG Landscape: Security for Costs in Negligence Claim
In Zheng San Gen v OGG Landscape Pte Ltd and Yong Cheng Eng, the High Court of Singapore heard an appeal by Zheng San Gen, a Chinese national, against the decision to furnish security for costs in his negligence claim against Yong Cheng Eng. Zheng sued OGG Landscape and Yong for damages after being injured while working on Yong's property. The court dismissed Zheng's appeal, ordering him to furnish security for costs, finding that there was an appreciable degree of certainty that there would be a judgment for costs in favor of Yong.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding security for costs in a negligence claim. The court dismissed the appeal, ordering the plaintiff to furnish security for costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zheng San Gen | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| OGG Landscape Pte Ltd | Defendant | Corporation | Interlocutory judgment in default of appearance entered against it | Lost | |
| Yong Cheng Eng | Defendant, Respondent | Individual | Security for costs ordered in favor of defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N. Srinivasan | Hoh Law Corporation |
| Danny Ong | Rajah & Tann LLP |
| Yam Wern-Jhien | Rajah & Tann LLP |
4. Facts
- Mr. Zheng, a Chinese national, was injured while working for OGG Landscape on Mr. Yong's property.
- Mr. Zheng was pruning a mango tree with an electric saw when he fell and became paralyzed.
- OGG Landscape was hired by Mr. Yong as an independent contractor for landscaping work.
- Mr. Zheng sued OGG for negligence and Mr. Yong for breach of occupier's duty of care.
- OGG did not enter an appearance, and interlocutory judgment was entered against it.
- Mr. Yong applied for security of costs to be furnished by Mr. Zheng.
- Mr. Zheng has returned to China and has no assets in Singapore.
5. Formal Citations
- Zheng San Gen v OGG Landscape Pte Ltd and Another, Suit 823/2008, RA 135/2009, [2009] SGHC 131
6. Timeline
| Date | Event |
|---|---|
| Mr. Zheng injured while working on Mr. Yong's property | |
| Suit 823/2008 filed | |
| Application for security of costs heard by AR Alam | |
| Appeal dismissed |
7. Legal Issues
- Security for Costs
- Outcome: The court dismissed the appeal and ordered the plaintiff to furnish security for costs.
- Category: Procedural
- Related Cases:
- [2004] 2 SLR 427
- [2001] 3 SLR 400
- Occupier's Liability
- Outcome: The court found that the defendant was not liable as an occupier because the accident resulted from operations carried out by an independent contractor, not from a dangerous condition of the property.
- Category: Substantive
- Related Cases:
- [1987] 1 WLR 1553
- [1987] SLR 556
- [1996] 2 SLR 505
- Negligence of Independent Contractor
- Outcome: The court found that the defendant was not liable for the negligence of the independent contractor.
- Category: Substantive
- Related Cases:
- [2005] 2 SLR 613
- Res Ipsa Loquitur
- Outcome: The court found that the doctrine of res ipsa loquitur did not apply because the plaintiff had asserted material facts as to how he was injured.
- Category: Substantive
- Related Cases:
- [2006] 3 SLR 116
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Breach of Occupier's Duty of Care
10. Practice Areas
- Civil Litigation
- Personal Injury
- Construction Disputes
11. Industries
- Construction
- Landscaping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jurong Town Corp v Wishing Star Ltd | Court of Appeal | Yes | [2004] 2 SLR 427 | Singapore | Cited for the principle that the court has complete discretion in ordering security for costs and will consider all circumstances to determine whether it is just to order security. |
| Keary Developments Ltd v Tarmac Construction Ltd | N/A | Yes | [1995] 3 All ER 534 | N/A | Cited for the principle that the court has a complete discretion in the matter of security for costs. |
| Pandian Marimuthu v Guan Leong Construction | N/A | Yes | [2001] 3 SLR 400 | Singapore | Cited for the principles governing the exercise of the court’s discretion to order security for costs. |
| Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd | Court of Appeal | Yes | [2005] 2 SLR 613 | Singapore | Cited for the principle that an employer who has employed an independent contractor to do work on his behalf is, without more, not liable for any tort committed by the said contractor while carrying out the agreed work. |
| Ferguson v Welsh & Ors | N/A | Yes | [1987] 1 WLR 1553 | N/A | Cited regarding occupier's liability and the liability of an occupier to the employee of an independent contractor. |
| Mohd Sainudin bin Ahmad v Consolidated Hotels Ltd & Anor | N/A | Yes | [1987] SLR 556 | Singapore | Cited for the principle that the owner of a building site could not be vicariously liable for the negligence of the main contractor even if he was still the occupier of the construction site. |
| Mohd Sainudin bin Ahmad v Consolidated Hotels Ltd and Another | Court of Appeal | Yes | [1990] SLR 154 | Singapore | Affirmed the decision in Mohd Sainudin bin Ahmad v Consolidated Hotels Ltd & Anor. |
| Mohd bin Sapri v Soil-Build (Pte) Ltd and another appeal | Court of Appeal | Yes | [1996] 2 SLR 505 | Singapore | Cited for the duty an occupier owed to the plaintiff was to use reasonable care to prevent damage from unusual dangers which the former knew or ought to have known about. |
| Tesa Tape Asia Pacific Pte Ltd v Wing Seng Logistics Pte Ltd | N/A | Yes | [2006] 3 SLR 116 | Singapore | Cited for the principle that the doctrine of res ipsa loquitur does not apply when the plaintiff has asserted material facts as to how he was injured. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| O 23 r 1(1)(a) of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Security for costs
- Independent contractor
- Occupier's liability
- Negligence
- Res ipsa loquitur
15.2 Keywords
- security for costs
- negligence
- occupier's liability
- independent contractor
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 80 |
| Civil Practice | 70 |
| Occupiers' Liability | 65 |
| Personal Injury | 60 |
| Independent Contractor Liability | 55 |
| Negligence | 50 |
| Property Law | 40 |
| Contract Law | 30 |
| Construction Law | 20 |
16. Subjects
- Civil Procedure
- Tort Law
- Construction Law