Abdul Hadi bin Hamdan v Goldin Enterprise: Interpretation of Work Injury Compensation Act
In Abdul Hadi bin Hamdan v Goldin Enterprise Pte Ltd, the High Court of Singapore heard an appeal regarding the interpretation of s 33(2)(a) of the Work Injury Compensation Act. The plaintiff, Abdul Hadi bin Hamdan, an employee of the defendant, Goldin Enterprise Pte Ltd, sustained a workplace injury. The court, presided over by Lee Seiu Kin J, dismissed the appeal, holding that the plaintiff was precluded from pursuing a common law claim due to his failure to withdraw his claim under the Act within the stipulated timeframe following the service of the notice of assessment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The case concerns the interpretation of s 33(2)(a) of the Work Injury Compensation Act. The court held that the plaintiff was precluded from pursuing a common law claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Abdul Hadi bin Hamdan | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Goldin Enterprise Pte Ltd | Defendant, Respondent | Corporation | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Teck Huat | Global Law Alliance LLC |
| Edwina Fan | United Legal Alliance LLC |
4. Facts
- The plaintiff was an employee of the defendant.
- The plaintiff suffered an injury at his place of work on 8 November 2008.
- The commissioner served a notice of assessment on 1 February 2010.
- The plaintiff objected to the notice of assessment out of time.
- The plaintiff withdrew his claim under the Act on 16 March 2011.
- The plaintiff filed the writ in this suit on 30 June 2011.
5. Formal Citations
- Abdul Hadi bin Hamdan v Goldin Enterprise Pte Ltd, District Court Suit No 1990 of 2011 (Registrar's Appeal Subordinate Courts No 116 of 2012), [2012] SGHC 192
6. Timeline
| Date | Event |
|---|---|
| Plaintiff suffered an injury at his place of work | |
| Commissioner served a notice of assessment | |
| Plaintiff instructed solicitors | |
| Plaintiff’s solicitors wrote to the commissioner objecting to the Notice of Assessment | |
| Commissioner notified the plaintiff of WICMB assessment of 17% permanent incapacity | |
| Pre-hearing conference held; plaintiff's solicitor informed commissioner of withdrawal of claim | |
| Plaintiff's solicitors confirmed withdrawal of claim under the Act | |
| Plaintiff filed the writ in this suit | |
| Appeal dismissed |
7. Legal Issues
- Interpretation of s 33(2)(a) of the Work Injury Compensation Act
- Outcome: The court held that the term 'notice of assessment' refers to the notice in s 24(2) of the Act, and the 28-day period runs from the date of service of that notice.
- Category: Substantive
8. Remedies Sought
- Damages under common law
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Law
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yang Dan v Xian De Lai Shanghai Cuisine Pte Ltd | High Court | Yes | [2011] 2 SLR 379 | Singapore | Cited for the interpretation of the old Workmen’s Compensation Act regarding withdrawal of claims. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 33(2)(a) | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 24 | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 25(1) | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 25D | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Notice of Assessment
- Work Injury Compensation Act
- Withdrawal of Claim
- Common Law Claim
- Permanent Incapacity
15.2 Keywords
- Work Injury
- Compensation
- Notice of Assessment
- Section 33(2)(a)
- Withdrawal
- Limitation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Work Injury Compensation | 95 |
| Statutory Interpretation | 70 |
| Civil Litigation | 60 |
| Contract Law | 30 |
16. Subjects
- Civil Procedure
- Work Injury Compensation