Kazi v Hong: Assessment of Damages for Workplace Injury
In Akhinur Nashu Kazi v Chong Siak Hong (trading as Hong Hwa Marine Services), the High Court of Singapore heard an appeal from an assessment of damages for injuries sustained by the plaintiff, Akhinur Nashu Kazi, in a workplace accident. The plaintiff claimed general and special damages for various injuries, including head injuries and erectile dysfunction. The court, presided over by Judith Prakash J, dismissed most of the claims, finding the plaintiff's evidence and medical testimony unpersuasive. The court awarded damages for contusions and a brief period of post-concussion syndrome.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part. Damages awarded for contusions and a brief period of post-concussion syndrome.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for a construction worker's fall. The court awarded damages for contusions and a brief period of post-concussion syndrome.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Akhinur Nashu Kazi | Plaintiff, Appellant | Individual | Appeal dismissed in part | Partial | K Ravi |
| Chong Siak Hong (trading as Hong Hwa Marine Services) | Defendant, Respondent | Individual | Won | Won | Pak Waltan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| K Ravi | K Ravi Law Corporation |
| Pak Waltan | Rajah & Tann LLP |
4. Facts
- The plaintiff, a construction worker, fell from a scaffold at a worksite.
- The plaintiff claimed to have sustained various injuries, including head injuries and erectile dysfunction.
- The plaintiff was taken to Changi General Hospital after the accident.
- Initial hospital reports indicated contusions but no serious injuries.
- The plaintiff later claimed to suffer from Organic Brain Syndrome and other conditions.
- The defendant presented video footage suggesting the plaintiff was exaggerating his symptoms.
- Medical experts presented conflicting opinions on the extent and cause of the plaintiff's injuries.
5. Formal Citations
- Akhinur Nashu Kazi v Chong Siak Hong (trading as Hong Hwa Marine Services), Suit 587/2006, RA 423/2008, [2009] SGHC 138
6. Timeline
| Date | Event |
|---|---|
| Accident occurred; plaintiff fell from a scaffold. | |
| Plaintiff taken to Changi General Hospital. | |
| Plaintiff returned to Changi General Hospital complaining of persistent headache, abdominal pain and left flank pain. | |
| Plaintiff discharged from hospital. | |
| Plaintiff reported to Changi General Hospital again. | |
| Plaintiff discharged from hospital. | |
| Plaintiff went back to Changi General Hospital. | |
| Private investigator appointed by defendant's insurers. | |
| Surveillance of the plaintiff started. | |
| Surveillance of the plaintiff continued until this date. | |
| Plaintiff’s affidavit of evidence-in-chief was made. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed damages for contusions and a brief period of post-concussion syndrome.
- Category: Substantive
- Causation of Injuries
- Outcome: The court found that the plaintiff failed to prove that all of his claimed injuries were caused by the accident.
- Category: Substantive
- Creditworthiness of Witness Testimony
- Outcome: The court found the plaintiff to be an unreliable witness.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Personal Injury
- Assessment of Damages
- Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Assessment of Damages
- Workplace Injury
- Contusions
- Post-Concussion Syndrome
- Organic Brain Syndrome
- Erectile Dysfunction
- Malingering
- Medical Evidence
- Witness Testimony
- Private Investigator
- Surveillance
15.2 Keywords
- workplace injury
- damages
- assessment
- construction
- negligence
- Singapore
- High Court
16. Subjects
- Personal Injury
- Employment Law
- Damages
17. Areas of Law
- Damages
- Employment Law
- Civil Procedure