Clark Jonathan Michael v Lee Khee Chung: Assessment of Damages for Motor Vehicle Accident
In Clark Jonathan Michael v Lee Khee Chung, the High Court of Singapore heard an appeal regarding the assessment of damages for injuries sustained by the plaintiff, Clark Jonathan Michael, in a motor vehicle accident caused by the defendant, Lee Khee Chung. The plaintiff claimed damages for pain and suffering, medical expenses, loss of income, and loss of earning capacity. The court partially allowed the plaintiff's appeal, increasing the award by $2,055.78 for contingent costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for a motor vehicle accident resulting in whiplash injury. The court partially allowed the plaintiff's appeal, increasing the award by $2,055.78.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Clark Jonathan Michael | Plaintiff, Appellant | Individual | Appeal allowed in part | Partial | |
| Lee Khee Chung | Defendant, Respondent | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Yuk Lan | Benedict Chan & Company |
| Ramesh Appoo | Just Law LLC |
4. Facts
- The plaintiff was injured in a collision between his motor vehicle and the defendant’s motor vehicle on 7 October 2002.
- The plaintiff suffered a whiplash injury as a result of the accident.
- The plaintiff experienced persistent pain and stiffness of the neck, headaches, and tinnitus.
- The plaintiff sought osteopathic and ayurvedic treatment.
- The plaintiff deferred his nursing studies due to his injuries.
- The plaintiff claimed for loss of income and loss of earning capacity.
5. Formal Citations
- Clark Jonathan Michael v Lee Khee Chung, Suit 698/2005, RA 306/2008, 311/2008, [2009] SGHC 204
6. Timeline
| Date | Event |
|---|---|
| Motor vehicle collision occurred. | |
| Interlocutory judgment against the defendant. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court partially allowed the plaintiff's appeal, increasing the award by $2,055.78 for contingent costs.
- Category: Substantive
- Sub-Issues:
- Pain and suffering
- Loss of amenities
- Medical expenses
- Loss of income
- Loss of earning capacity
- Causation
- Outcome: The court found that the plaintiff's neck pain, headaches, and tinnitus were caused or triggered by the accident.
- Category: Substantive
- Sub-Issues:
- Whether the plaintiff's injuries were caused by the accident
- Reasonableness of Medical Treatment
- Outcome: The court found that the plaintiff's adoption of osteopathic and ayurvedic treatment was not reasonable.
- Category: Substantive
- Sub-Issues:
- Whether it was reasonable for the plaintiff to seek osteopathic and ayurvedic treatment
8. Remedies Sought
- Damages for pain and suffering
- Medical expenses
- Loss of income
- Loss of earning capacity
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
- Assessment of Damages
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ngiam Kong Seng v Lim Chiew Hock | Court of Appeal | Yes | [2008] 3 SLR 674 | Singapore | Cited regarding the appellate court's role in disturbing findings of fact. |
| PP v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR 601 | Singapore | Cited regarding the appellate court's role in assessing witness veracity. |
| Peh Eng Leng v Pek Eng Leong | Court of Appeal | Yes | [1996] 2 SLR 305 | Singapore | Cited regarding the appellate judge's position in fact-finding. |
| Tan Siew Bin Ronnie v Chin Wee Keong | High Court | Yes | [2008] 1 SLR 178 | Singapore | Cited as a useful reference case with similar facts regarding whiplash injury. |
| Nirumalan V Kanapathi Pillay v Teo Eng Chuan | High Court | Yes | [2003] 3 SLR 601 | Singapore | Cited for reference to precedents in deciding on the proper quantum of damages. |
| Chew Poh Kwan Margaret v Toh Hong Guan | High Court | Yes | [2004] SGHC 280 | Singapore | Cited as another case of whiplash injuries leading to chronic tension-type headaches and depression. |
| Mei Yue Lan Margaret v Raffles City (Pte) Ltd | High Court | Yes | [2005] 4 SLR 740 | Singapore | Cited as a case with injuries of a very different nature from those sustained by the plaintiff. |
| De Cruz Andrea Heidi v Guangzhou Yuzhhitang Health Products Co Ltd | High Court | Yes | [2003] 4 SLR 682 | Singapore | Cited as a case with injuries of a very different nature from those sustained by the plaintiff. |
| Seah Yit Chen v Singapore Bus Service (1978) Ltd | High Court | Yes | [1990] SLR 530 | Singapore | Cited for the test of whether it was reasonable for the plaintiff to seek traditional treatment. |
| Kuan Kian Seng v Wong Choon Keh | High Court | Yes | [1995] SGHC 43 | Singapore | Cited regarding the recoverability of costs of traditional medicine. |
| Lim Yuen Li Eugene v Singapore Shuttle Bus Service Pte Ltd | High Court | Yes | [2005] SGHC 189 | Singapore | Cited regarding loss of income. |
| Hwang Soo Chiat v Salleh Bin Mustan Sintha | District Court | Yes | [2004] SGDC 165 | Singapore | Cited regarding loss of earning capacity. |
| Karuppiah Nirmala v Singapore Bus Services Ltd | High Court | Yes | [2002] 3 SLR 415 | Singapore | Cited regarding loss of earning capacity. |
| Koh Soon Pheng v Tan Kah Eng | High Court | Yes | [2003] 2 SLR 538 | Singapore | Cited regarding loss of earning capacity. |
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
- Whiplash injury
- Pain and suffering
- Loss of amenities
- Medical expenses
- Loss of income
- Loss of earning capacity
- Osteopathic treatment
- Ayurvedic treatment
- Contingent costs
15.2 Keywords
- Motor vehicle accident
- Whiplash
- Damages
- Personal injury
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Automobile Accidents | 80 |
| Damages Assessment | 75 |
| Whiplash Injury | 60 |
| Evidence | 50 |
16. Subjects
- Personal Injury
- Motor Vehicle Accident
- Damages Assessment