Wu Yow Ngan v An Feng Li: Appeal Against Security for Costs Order in Negligence Claim
Wu Yow Ngan and Lee Hai Kuang, trading as Chia Seng Sheo Phoor Fruits, appealed to the High Court of Singapore against District Judge Foo Tuat Yien's decision to set aside an order for An Feng Li to furnish security for costs in a negligence claim. An Feng Li, a sales assistant, claimed he was injured due to the appellants' negligence. Tan Lee Meng J dismissed the appeal, allowing An to proceed with his claim without furnishing security for costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
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 where An Feng Li, a foreign worker, was injured at his employer's premises. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wu Yow Ngan | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Lee Hai Kuang | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| An Feng Li | Respondent, Plaintiff | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Amerjeet Singh s/o Jaswant Singh | Hoh Law Corporation |
| Mohan Das s/o Vijayaratnam | Lee Bon Leong & Co |
4. Facts
- An Feng Li was employed by Wu Yow Ngan and Lee Hai Kuang as a sales assistant.
- An Feng Li resided at the appellants' shop on their instruction.
- An Feng Li was injured when cartons of fruits fell on him while he was sleeping.
- An Feng Li sought medical treatment for his injuries.
- Wu Yow Ngan sent An Feng Li back to China after the accident.
- An Feng Li commenced proceedings against Wu Yow Ngan for negligence.
5. Formal Citations
- Wu Yow Ngan and another (trading as Chia Seng Sheo Phoor Fruits) v An Feng Li, DC Suit 608/2009, RAS 92/2009, [2009] SGHC 239
6. Timeline
| Date | Event |
|---|---|
| An Feng Li employed as a sales assistant. | |
| An Feng Li moved to the premises. | |
| An Feng Li injured by falling cartons of fruits. | |
| An Feng Li given medical leave. | |
| Wu Yow Ngan sent An Feng Li back to China. | |
| An Feng Li commenced proceedings against Wu Yow Ngan. | |
| High Court dismissed the appeal. |
7. Legal Issues
- Security for Costs
- Outcome: The court dismissed the appeal, allowing the plaintiff to proceed without furnishing security for costs.
- Category: Procedural
- Related Cases:
- [2004] 2 SLR 427
- [1995] 3 All ER 534
- [1987] 1 All ER 1074
- [1995] 3 SLR 388
- Negligence
- Outcome: The court did not make a determination on the negligence claim itself, as the appeal concerned security for costs.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Retail
- Food and Beverage
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 discretion in ordering security for costs against a plaintiff resident abroad. |
| 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. |
| Porzelack Kg v Porzelack (UK) | N/A | Yes | [1987] 1 All ER 1074 | N/A | Cited for the principle that the court has a general discretion to award or refuse security for costs, having regard to all the circumstances of the case. |
| Omar Ali bin Mohd v Syed Jafaralsadeg bin Abdulkadir Alhadad | N/A | Yes | [1995] 3 SLR 388 | Singapore | Cited for the principle that the likelihood of the plaintiff succeeding is a major matter for consideration in an application for security for costs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed), O 23 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Security for costs
- Negligence
- Employment
- Medical leave
- Foreign worker
15.2 Keywords
- Security for costs
- Negligence
- Foreign worker
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Costs | 70 |
| Negligence | 60 |
| Personal Injury | 60 |
| Work Injury Compensation | 50 |
| Employment Injury | 40 |
16. Subjects
- Civil Procedure
- Costs
- Employment Law
- Negligence