Lau Pang Cheng David v Tan Boon Heng: Road Traffic Accident, Damages Assessment for Neck Injury and Loss of Earnings
In Lau Pang Cheng David v Tan Boon Heng, the High Court of Singapore heard an appeal concerning the assessment of damages by an Assistant Registrar (AR) arising from a road traffic accident. Dr. David Lau Pang Cheng, the plaintiff, sustained injuries when the defendant's car collided with him while he was cycling. The AR awarded damages for chronic neck pain, contusions, loss of future earnings, pre-trial loss of income, medical expenses, and replacement of a bicycle and heart rate monitor. The defendant appealed the AR's decision regarding the neck injury, loss of earnings, and bicycle replacement. Tay Yong Kwang J dismissed the appeal, upholding the AR's original decision.
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
Appeal concerning damages assessment after a road traffic accident. The High Court upheld the Assistant Registrar's decision regarding neck injury, loss of earnings, and bicycle replacement.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Boon Heng | Respondent, Defendant | Individual | Appeal Upheld | Won | |
| Lau Pang Cheng David | Appellant, Plaintiff | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Goh Teck Wee | Goh JP & Wong |
| Susila Ganesan | Just Law LLC |
| Ramesh Appo | Just Law LLC |
4. Facts
- Plaintiff was cycling when the defendant's car collided with him.
- The accident caused injuries to the plaintiff, including neck pain.
- Plaintiff claimed loss of earnings due to the neck injury affecting his surgical work.
- The Assistant Registrar awarded damages for neck injury, loss of earnings, and bicycle replacement.
- The defendant appealed the AR's decision.
- The plaintiff's surgeries and professional fees decreased following the accident.
- The plaintiff's performance suffered since the accident.
5. Formal Citations
- Lau Pang Cheng David v Tan Boon Heng, Suit No 699 of 2011(Registrar's Appeal No 229 of 2012), [2012] SGHC 223
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Plaintiff saw Dr. Yue Wai Mun for neck pains | |
| Writ of summons filed in the Magistrates Courts | |
| Interlocutory judgment entered by consent | |
| Application to transfer the case to the High Court granted | |
| Assessment of damages took place | |
| Assessment of damages took place | |
| Appeal dismissed |
7. Legal Issues
- Assessment of Damages
- Outcome: The court upheld the AR's assessment of damages.
- Category: Substantive
- Causation of Neck Injury
- Outcome: The court found that the plaintiff's neck injury was caused by the accident.
- Category: Substantive
- Loss of Earnings
- Outcome: The court found that the plaintiff's loss of earnings was a result of the neck injury.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chang Ah Lek and others v Lim Ah Koon | Court of Appeal | Yes | [1998] 3 SLR(R) 551 | Singapore | Cited regarding the nature of an appeal from a registrar to a judge in chambers and the judge's discretion. |
| Evans v Bartlam | House of Lords | Yes | [1937] AC 473 | United Kingdom | Cited regarding the nature of an appeal from a registrar to a judge in chambers and the judge's discretion. |
| Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette) | Unknown | Yes | [2004] 2 SLR(R) 392 | Singapore | Cited regarding the approach taken when adducing fresh evidence before a judge in chambers in assessment of damages. |
| Herbs and Spices Trading Post Pte Ltd v Deo Silver (Pte) Ltd | Unknown | Yes | [1990] 2 SLR(R) 685 | Singapore | Cited regarding the judge in chambers hearing an appeal against an AR’s decision is not exercising appellate jurisdiction but is instead exercising a form of confirmatory jurisdiction |
| Ang Leng Hock v Leo Ee Ah | Unknown | Yes | [2004] 2 SLR(R) 361 | Singapore | Cited regarding the nature of proceedings before the AR in assessment of damages. |
| Peh Eng Leng v Pek Eng Leong | Court of Appeal | Yes | [1996] 1 SLR(R) 939 | Singapore | Cited regarding appellate courts' reluctance to reverse findings of fact in courts below. |
| Clarks v Edinburgh & District Tramways Co Ltd | House of Lords | Yes | Clarks v Edinburgh & District Tramways Co Ltd (1919) SC (HL) 35 | United Kingdom | Cited regarding appellate courts' reluctance to reverse findings of fact in courts below. |
| Sie Choon Poh (trading as Image Galaxy) v Amara Hotel Properties Pte Ltd | Unknown | Yes | [2008] 2 SLR(R) 1076 | Singapore | Cited regarding the judge in chambers hearing an appeal from a decision of the AR exercises a confirmatory jurisdiction. |
| Augustine Zacharia Norman v Goh Siam Yong | Court of Appeal | Yes | [1992] 1 SLR(R) 746 | Singapore | Cited regarding the judge in chambers hearing an appeal from a decision of the AR exercises a confirmatory jurisdiction. |
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
- Road Traffic Accident
- Assessment of Damages
- Neck Injury
- Loss of Earnings
- Assistant Registrar
- Multiplicand
- Multiplier
- Pre-existing Condition
- Professional Fees
- Surgeries
15.2 Keywords
- road traffic accident
- damages
- neck injury
- loss of earnings
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Automobile Accidents | 90 |
| Personal Injury | 80 |
| Road Traffic Accident Law | 75 |
| Damages Assessment | 70 |
| Evidence | 60 |
16. Subjects
- Personal Injury
- Civil Litigation
- Damages