Zhu Shan Fu v China Construction Builders: Assessment of Damages for Workplace Injury

Zhu Shan Fu, the appellant/plaintiff, appealed to the High Court of Singapore against the decision of a district judge regarding the assessment of damages for a workplace injury sustained while working for the respondent/defendant, China Construction Builders Pte Ltd. The High Court, presided over by Choo Han Teck J, dismissed the appeal, finding that the appellant had exaggerated his injuries and that the initial damages awarded were appropriate. The case concerned a claim for damages related to a back injury sustained when a plank fell on the appellant.

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

Appeal regarding damages for a construction worker's back injury. The court dismissed the appeal, finding the worker exaggerated his injuries.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Zhu Shan FuAppellant, PlaintiffIndividualAppeal dismissedLost
China Construction Builders Pte LtdRespondent, DefendantCorporationAppeal dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Liew Hwee Tong EricGabriel Law Corporation
Renganathan ShankarGabriel Law Corporation
Ramesh AppooJust Law LLC

4. Facts

  1. The appellant was injured when a plank fell on his back while working as a construction worker.
  2. Interlocutory judgment was entered with liability resolved at 70% in the appellant’s favour.
  3. The appellant claimed damages for injuries to his upper and lower back, loss of earnings, and medical expenses.
  4. The respondent presented surveillance evidence showing the appellant engaging in activities inconsistent with his claimed injuries.
  5. Medical reports indicated a contusion on the upper lumbar spine but no significant injury to the lower lumbar spine.
  6. The appellant rejected an offer to settle for $14,880 prior to the hearing before the deputy registrar.

5. Formal Citations

  1. Zhu Shan Fu v China Construction Builders Pte Ltd, District Court Suit No 2009 of 2009 (RAS No 9 of 2012), [2012] SGHC 54

6. Timeline

DateEvent
District Court Suit filed
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court upheld the lower court's assessment of damages, finding that the appellant had exaggerated his injuries.
    • Category: Substantive
  2. Exaggeration of Injuries
    • Outcome: The court found that the appellant had exaggerated his injuries based on surveillance evidence and medical reports.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation
  • Construction Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Jin Ye Shao v China Construction (South Pacific) Development Co Pte LtdDistrict CourtYesDistrict Court Suit No 1999 of 2009SingaporeCited as a similar case where the plaintiff exaggerated injuries and rejected a reasonable offer to settle.

13. Applicable Rules

Rule Name
O 59 r 9 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Contusion
  • Lumbar Spine
  • Surveillance Evidence
  • Offer to Settle
  • Exaggerated Injuries

15.2 Keywords

  • personal injury
  • construction accident
  • damages
  • negligence
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Work Injury Compensation75
Personal Injury60
Negligence50
Exaggerated Injuries40
Civil Litigation30
Costs25

16. Subjects

  • Personal Injury
  • Construction Accident
  • Damages Assessment