Tan Teck Boon v Lee Gim Siong: Damages for Traffic Accident Injuries and Loss of Earnings
In Tan Teck Boon v Lee Gim Siong, the High Court of Singapore heard an appeal by Lee Gim Siong, Oh Geok Chuan, and Richland Logistics Services Pte Ltd against the damages awarded to Tan Teck Boon for injuries sustained in a traffic accident. The court upheld the Assistant Registrar's awards for pre-trial loss of earnings and loss of earning capacity but reduced the award for loss of future earnings. The court found that the plaintiff was entitled to compensation for the cost of hiring a replacement driver, but the award for future earnings should be reduced to account for the plaintiff's increased managerial role.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part; award for loss of future earnings reduced.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded to Tan Teck Boon for injuries sustained in a traffic accident, focusing on loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Teck Boon | Plaintiff | Individual | Appeal allowed in part | Partial | |
| Lee Gim Siong | Appellant, Defendant | Individual | Appeal allowed in part | Partial | |
| Oh Geok Chuan | Appellant, Defendant | Individual | Appeal allowed in part | Partial | |
| Richland Logistics Services Pte Ltd | Appellant, Defendant | Corporation | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Joseph Chia | J Chia Associates |
| Lim Hui Ying | KhattarWong |
| Patrick Yeo | KhattarWong |
4. Facts
- The plaintiff was injured in a traffic accident on 26 December 2006.
- The plaintiff sued the defendants for injuries sustained in the accident.
- Interlocutory judgment by consent was entered for the plaintiff on 14 December 2009.
- The plaintiff was the sole proprietor of Tom Express, a courier business.
- The plaintiff's business had grown and he was earning more than he did before the accident.
- The plaintiff suffered fractures to his right thigh bone, right forearm, and left wrist.
- The plaintiff was given hospitalisation leave continuously from 26 December 2006 to 14 September 2010.
5. Formal Citations
- Tan Teck Boon v Lee Gim Siong and others, Suit No 563 of 2009/S (Registrar's Appeal No 115 of 2011/R), [2011] SGHC 169
6. Timeline
| Date | Event |
|---|---|
| Traffic accident occurred | |
| Plaintiff discharged from hospital | |
| Plaintiff underwent surgery for revision of fixation and bone grafting | |
| Plaintiff underwent surgery for revision of fixation and bone grafting | |
| Partial payment made to the plaintiff | |
| Interlocutory judgment by consent entered for the plaintiff | |
| Partial payment made to the plaintiff | |
| Assistant Registrar awarded damages to the plaintiff | |
| Judgment reserved |
7. Legal Issues
- Loss of Pre-Trial Earnings
- Outcome: The court upheld the award for pre-trial loss of earnings, finding that the plaintiff was entitled to compensation for the cost of hiring a replacement driver.
- Category: Substantive
- Related Cases:
- [2010] 3 SLR 587
- Loss of Future Earnings
- Outcome: The court reduced the award for loss of future earnings, finding that the original award did not adequately account for the plaintiff's increased managerial role.
- Category: Substantive
- Loss of Earning Capacity
- Outcome: The court upheld the award for loss of earning capacity, finding that there was a real risk that the plaintiff would lose his present job and be disadvantaged in the open employment market.
- Category: Substantive
8. Remedies Sought
- Damages for pain and suffering
- Future medical expenses
- Future transport expenses
- Loss of future earnings
- Loss of earning capacity
- Pre-trial loss of earnings
- Pre-trial costs for nursing and care
- Pre-trial medical expenses
- Pre-trial transport expenses
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Logistics
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the principle of compensating the injured victim to restore them to the position they would have been in had the accident not happened. |
| Singapore Airlines Ltd v Tan Shwu Leng | Court of Appeal | Yes | [2001] 3 SLR(R) 439 | Singapore | Cited to establish that a judge is not constrained by the principles set out in Davies v Powell Duffryn Associated Colleries when considering an appeal on assessment of damages in a Registrar’s Appeal. |
| Davies v Powell Duffryn Associated Colleries | House of Lords | Yes | [1942] AC 601 | England and Wales | Cited as a case whose principles do not apply when considering an appeal on assessment of damages in a Registrar’s Appeal. |
| Livingstone v Raywards Coal Co | House of Lords | Yes | (1880) 5 App Cas 25 | United Kingdom | Cited for the principle that damages should put the injured party in the same position as if the wrong had not occurred. |
| Wee Sia Tian v Long Thik Boon | Court of Appeal | Yes | [1996] 3 SLR(R) 513 | Singapore | Cited for the principle that pre-trial loss of earnings is an item of special damages and needs to be specifically proven to be recoverable. |
| Phillips v Holliday & ANR | English Court of Appeal | Yes | [2001] EWCA Civ 1074 | England and Wales | Cited for the principle that a claimant can be awarded loss of pre-trial earnings despite their business being more profitable. |
| Ashcroft v Curtin | Court of Appeal | Yes | [1971] 1 WLR 1731 | England and Wales | Distinguished as a case where the records of a business were such that there was simply no basis for making a calculation. |
| Wong Kim Lan v Christie Kolandasamy | District Court | Yes | [2004] SGDC 234 | Singapore | Cited as a case where the court drew an adverse inference against the sole proprietor and held that she had earned more after the accident because she failed to produce evidence to prove her post-accident income. |
| Koh Soon Pheng v Tan Kah Eng | High Court | Yes | [2003] 2 SLR(R) 538 | Singapore | Cited as a case where the High Court upheld an AR’s award of $180,000 for loss of earning capacity to a 42 year old sole-proprietor who owned a motorcycle workshop. |
| Ang Leng Hock v Leo Ee Ah | High Court | Yes | [2004] 2 SLR(R) 361 | Singapore | Cited as a case where the claimant was an independent contractor for Grand Court providing services for outdoor catering functions and was awarded 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
- Loss of earnings
- Loss of earning capacity
- Pre-trial earnings
- Future earnings
- Traffic accident
- Courier business
- Sole proprietorship
- Multiplier
- Multiplicand
15.2 Keywords
- traffic accident
- personal injury
- loss of earnings
- damages
- courier
- singapore
17. Areas of Law
16. Subjects
- Personal Injury
- Damages Assessment
- Civil Litigation