Chua Jia Yan Emily v See Mun Li: Assessment of Damages for Head Injuries and Growth Hormone Deficiency

In the High Court of Singapore, Lai Siu Chiu J dismissed the appeal of Chua Jia Yan Emily, a minor, against the decision to refuse the adduction of further medical evidence in her claim against See Mun Li for head injuries and growth hormone deficiency resulting from a 2004 road accident. The interlocutory judgment was entered against the defendant with 65% liability. The court found the plaintiff's application to introduce further medical reports at a late stage in the assessment of damages proceedings was not justified.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding assessment of damages for a minor who suffered head injuries and growth hormone deficiency due to a road accident. The court dismissed the appeal to adduce further medical evidence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
See Mun LiDefendant, RespondentIndividualAppeal DismissedWon
Chua Jia Yan Emily (by her next friend Chua Kiaw Swan)Plaintiff, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Willy TayAri, Goh & Partners
N. SrinivasanHoh Law Corporation

4. Facts

  1. Chua Jia Yan Emily, a minor, suffered head injuries and growth hormone deficiency in a road accident on 17 August 2004.
  2. Consent interlocutory judgment was entered against the defendant with 65% liability.
  3. The plaintiff applied to adduce further medical evidence close to the assessment hearing.
  4. The Assistant Registrar disallowed the application to adduce further medical evidence.
  5. The plaintiff appealed against the Assistant Registrar's decision.

5. Formal Citations

  1. Chua Jia Yan Emily (by her next friend Chua Kiaw Swan) v See Mun Li, Suit 62/2007, RA 354/2008, [2009] SGHC 26

6. Timeline

DateEvent
Road accident occurred, resulting in injuries to Chua Jia Yan Emily.
Action commenced by the father in the Subordinate Courts as DC Suit 408 of 2005.
Plaintiff applied to transfer the action to the High Court.
Action transferred to the High Court.
Plaintiff applied to amend her writ of summons to include a claim for provisional damages.
Plaintiff applied again to amend her pleadings.
Consent interlocutory judgment was entered against the defendant.
Dr Goh Siok Ying filed her affidavit of evidence-in-chief.
Assessment of damages fixed for hearing.
Court directed the plaintiff to file and serve her AEIC limited to the issue of cognitive or memory problems.
Assessment of damages fixed for 25 August 2008.
Assessment hearing where plaintiff sought to introduce a second medical report from Dr Goh.
Registrar’s Appeal No. 354 of 2008 dismissed.
Appeal dismissed.

7. Legal Issues

  1. Admissibility of Evidence
    • Outcome: The court ruled against the admissibility of the further medical evidence due to the lateness of the application and lack of satisfactory explanation.
    • Category: Procedural
    • Sub-Issues:
      • Lateness of application to adduce further evidence

8. Remedies Sought

  1. Damages
  2. Provisional Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hurditch v Sheffield Health AuthorityN/AYes[1989] 2 WLR 827N/ACited for the principles when provisional damages ought to be awarded.
Wilson v Ministry of DefenceN/AYes[1991] 1 All ER 638N/ACited for the principles when provisional damages ought to be awarded.
Lee Chee Wei v Tan Hor Peow VictorN/AYes[2007] 3 SLR 537SingaporeCited regarding the rules of court practice and procedure and the objective of justice.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5 2006 Rev Ed) Order 38 rule 2(3)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Growth hormone deficiency
  • Central Diabetes Insipidus
  • Provisional damages
  • Assessment of damages
  • Medical evidence

15.2 Keywords

  • Personal Injury
  • Damages
  • Medical Evidence
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Damages Assessment80
Civil Practice70
Personal Injury60
Automobile Accidents50
Road Accident Law50
Evidence Law40

16. Subjects

  • Civil Procedure
  • Damages Assessment
  • Personal Injury