Lee Wei Kong v Ng Siok Tong: Assessment of Damages for Personal Injuries
In Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong, the High Court of Singapore heard appeals from both the plaintiff and defendant regarding an Assistant Registrar's assessment of damages for personal injuries sustained by the plaintiff in a motor accident. The plaintiff, Lee Wei Kong, suffered severe injuries when he was hit by a taxi driven by the defendant, Ng Siok Tong. The court, presided over by Justice Kan Ting Chiu, reduced the awards for pain and suffering, loss of earning capacity, and future psychiatric treatment, and set aside the award for the plaintiff's mother's loss of income. The court dismissed the plaintiff's appeals and allowed the defendant's appeals in part.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment varied; awards for pain and suffering, loss of earning capacity, and future psychiatric treatment reduced; award for mother's loss of income set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
High Court case involving assessment of damages for personal injuries sustained by Lee Wei Kong in a motor accident. The court adjusted awards for pain and suffering, loss of earning capacity, and other expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Wei Kong (by his litigation representative Lee Swee Chit) | Plaintiff, Respondent | Individual | Appeal dismissed in part | Partial | |
| Ng Siok Tong | Defendant, Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Joyce Fernando | Engelin Teh Practice LLC |
| Lim Hui Ying | KhattarWong |
| Patrick Yeo | KhattarWong |
4. Facts
- Plaintiff was 18 years old and about to commence his second year of junior college when injured.
- Plaintiff was involved in a collision with a taxi driven by the defendant at a road junction.
- Parties agreed to apportion liability at 75:25 in favor of the plaintiff.
- Plaintiff suffered severe injuries including brain injury, fractures, and neurological deficits.
- Plaintiff required extensive hospitalization, therapy, and care after the accident.
- Plaintiff made a recovery beyond initial expectations and was able to resume some activities.
- Plaintiff was pursuing a Diploma of Higher Education in Painting at the time of the assessment.
5. Formal Citations
- Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong, Suit No 215 of 2006 (Registrar's Appeal No 440 of 2009 & Registrar's Appeal No 445 of 2009), [2010] SGHC 371
6. Timeline
| Date | Event |
|---|---|
| Plaintiff discharged from hospital on a wheelchair. | |
| Plaintiff's mother converted from part-time status at Yuhua Education Centre. | |
| Judgment reserved. | |
| Appeal allowed by the Court of Appeal. |
7. Legal Issues
- Assessment of Damages for Personal Injuries
- Outcome: The court reduced the Assistant Registrar's awards for pain and suffering, loss of earning capacity, and future psychiatric treatment, and set aside the award for the mother's loss of income.
- Category: Substantive
- Sub-Issues:
- Component approach versus global approach
- Double-counting of injuries
- Reasonableness of awards
- Related Cases:
- [2008] 4 SLR(R) 825
- [2010] 3 SLR 587
- Admissibility of Evidence
- Outcome: The court found that the letters submitted as evidence for the mother's loss of income were not admissible due to lack of direct evidence.
- Category: Procedural
- Sub-Issues:
- Hearsay evidence
- Lack of direct evidence
- Loss of Earning Capacity
- Outcome: The court reduced the award for loss of earning capacity, taking into account the plaintiff's diminished ability to work and uncertain earning potential.
- Category: Substantive
- Sub-Issues:
- Quantification of loss
- Consideration of age, education, and work prospects
- Related Cases:
- [2004] SGHC 12
- [2008] 1 SLR 178
- [2003] 3 SLR(R) 601
8. Remedies Sought
- Damages for personal injuries
- Loss of earning capacity
- Costs of future medical treatment
- Loss of income
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Yu Min Winston (his next friend Tan Cheng Tong) v Uni-Fruitveg Pte Ltd | High Court | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited regarding the component approach versus the global approach to assessment of damages for personal injuries. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for its consideration of the component approach to assessing damages and the need to avoid over-compensation. |
| Peh Diana & Anor v Tan Miang Lee | High Court | Yes | [1991] 1 SLR(R) 22 | Singapore | Cited as a precedent for awards for head injuries resulting in motor nerve damage, aphasia, dyslexia, and personality change. |
| Toon Chee Meng Eddie v Yeap Chin Hon | High Court | Yes | [1993] 1 SLR(R) 407 | Singapore | Cited as a precedent for awards for head injuries resulting in paralysis and intellectual disability. |
| Chong Hwa Wee (by his Committee of Person and Estate, Chong Hwa Yin) v Estate of Loh Hon Fock, deceased | High Court | Yes | [2006] 3 SLR(R) 208 | Singapore | Cited as a precedent for awards for head injuries resulting in expressive dysphasia and impaired comprehension. |
| Muhamad Ilyas Bin Mirza Abdul Hamid v Kwek Khim Hui | High Court | Yes | [2004] SGHC 12 | Singapore | Cited as a precedent for awards for head injuries resulting in memory deterioration and emotional trauma. |
| Jaya bin Abdul Hamid v Radin Nornikman bin Abdul Gani | District Court | Yes | DC Suit No 4293 of 2001 | Singapore | Cited as a precedent for awards for head injuries resulting in cognitive dysfunction and spasticity. |
| Tan Siew Bin Ronnie v Chin Wee Keong | High Court | Yes | [2008] 1 SLR 178 | Singapore | Cited as a precedent for awards for loss of earning capacity due to whiplash injury. |
| Nirumalan V Kanapathi Pillay v Teo Eng Guan | High Court | Yes | [2003] 3 SLR(R) 601 | Singapore | Cited as a precedent for awards for loss of earning capacity due to whiplash injury. |
| Kuan Kian Seng v Wong Choon Keh | High Court | Yes | [1995] SGHC 43 | Singapore | Cited as authority for allowing a claim for the loss of earnings of the plaintiff’s wife. |
| Donnelly v Joyce | Queen's Bench | Yes | [1974] QB 474 | England and Wales | Cited as authority for allowing a claim for a mother’s loss of earnings. |
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
- Personal injuries
- Component approach
- Global approach
- Loss of earning capacity
- Pain and suffering
- Loss of amenities
- Psychiatric treatment
- Maid expenses
- Transport expenses
15.2 Keywords
- personal injury
- damages
- motor accident
- assessment
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Damages Assessment | 85 |
| Evidence | 60 |
| Civil Procedure | 50 |
16. Subjects
- Personal Injury
- Damages
- Civil Litigation