Liu Haixiang v China Construction: Damages for Work Injury & Loss of Earnings

In Liu Haixiang v China Construction (South Pacific) Development Co Pte Ltd, the High Court of Singapore heard an appeal by Liu Haixiang against the District Court's award of damages for injuries he sustained during his employment with China Construction. The primary legal issue was the assessment of damages for loss of earning capacity. The High Court allowed the appeal, setting aside the award for loss of earning capacity and instead awarding damages for loss of future earnings in the sum of $60,144.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court appeal regarding damages awarded to Liu Haixiang for injuries sustained while working for China Construction, focusing on loss of earning capacity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Liu HaixiangPlaintiff, AppellantIndividualAppeal AllowedWon
China Construction (South Pacific) Development Co Pte LtdDefendant, RespondentCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
N. SrinivasanHoh Law Corporation
Lim See Wai VictorHoh Law Corporation
Belinder KuarHoh Law Corporation
Goh Choon WahCharacterist LLC

4. Facts

  1. Plaintiff was employed by the defendant as a plumber and pipefitter.
  2. Plaintiff sustained injuries to his left hand in a workplace accident.
  3. Plaintiff's injuries resulted in limited use and weakened grip strength of his left hand.
  4. Medical opinions indicated the plaintiff could not return to his previous heavy manual labor.
  5. Plaintiff's employment was terminated after the accident.
  6. Plaintiff returned to China and undertook light duties in his village and later became a caretaker.

5. Formal Citations

  1. Liu Haixiang v China Construction (South Pacific) Development Co Pte Ltd, DC Suit 2807/2005, RAS 82/2008, [2009] SGHC 21

6. Timeline

DateEvent
Plaintiff arrived in Singapore and started work
Accident occurred, injuring the plaintiff
Plaintiff's medical leave expired
Plaintiff's work permit expired
Plaintiff returned to China
Action commenced in the District Court
Interlocutory judgment entered for the plaintiff by consent
Defendant's offer to settle
Assessment hearing took place
Deputy registrar assessed the plaintiff’s damages
Judgment reserved

7. Legal Issues

  1. Assessment of Damages for Loss of Earning Capacity
    • Outcome: The High Court held that the proper award should be for loss of future earnings, not loss of earning capacity, and calculated the damages accordingly.
    • Category: Substantive
    • Sub-Issues:
      • Calculation of future earnings
      • Mitigating steps taken by plaintiff
      • Consideration of plaintiff's potential earnings in China

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Personal Injury

10. Practice Areas

  • Personal Injury
  • Construction Law
  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Teo Sing Keng v Sim Ban KiatCourt of AppealYes[1994] 1 SLR 634SingaporeCited for the basic guidelines on when an award for loss of earning capacity rather than an award for loss of earnings should be made.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Loss of earning capacity
  • Loss of future earnings
  • Work permit
  • Medical leave
  • Construction worker
  • Multiplicand
  • Multiplier

15.2 Keywords

  • work injury
  • loss of earnings
  • construction accident
  • Singapore High Court
  • plumber
  • pipefitter

17. Areas of Law

Area NameRelevance Score
Work Injury Compensation90
Personal Injury80
Measure of Damages70
Employment Law60
Loss of Earning Capacity50

16. Subjects

  • Employment
  • Personal Injury
  • Damages Assessment