Cai Xiao Qing v Leow Fa Dong: Negligence, Road Accident, Cyclist, Zebra Crossing

Cai Xiao Qing appealed against the District Court's decision finding her liable for a road accident involving Leow Fa Dong, a cyclist, at a zebra crossing. The High Court, presided over by Justice Lai Siu Chiu, allowed the appeal on March 29, 2012, finding that Leow Fa Dong was contributorily negligent. The court overturned the District Judge's findings of fact, holding that Leow Fa Dong was cycling at a speed, and Cai Xiao Qing was not driving at an excessive speed. The court also awarded judgment to Cai Xiao Qing on her counterclaim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a road accident between a car driven by Cai Xiao Qing and a cyclist, Leow Fa Dong, at a zebra crossing. The High Court allowed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Cai Xiao QingAppellantIndividualAppeal AllowedWon
Leow Fa Dong (by his next friend Leow Chye Huat)RespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lim Hui YingKhattarWong
Patrick YeoKhattarWong
Adrian HengBogaars & Din
Subramaniam SundaranBogaars & Din

4. Facts

  1. On April 8, 2009, a car driven by Cai Xiao Qing collided with cyclist Leow Fa Dong at a zebra crossing.
  2. The accident occurred on the slip road leading off from Tampines Avenue 9 to Tampines Avenue 7 at approximately 11 pm.
  3. Leow Fa Dong, then 16 years old, suffered a fracture to his left collarbone.
  4. The District Judge initially found Cai Xiao Qing liable for negligence, with Leow Fa Dong 10% contributorily negligent.
  5. The High Court overturned the District Judge's findings, increasing Leow Fa Dong's contributory negligence to 30%.
  6. The High Court found that Leow Fa Dong was cycling at a speed at the material time.
  7. The High Court found that Cai Xiao Qing was not driving at an excessive speed at the material time.

5. Formal Citations

  1. Cai Xiao Qing v Leow Fa Dong (by his next friend Leow Chye Huat), District Court Appeal No 24 of 2011, [2012] SGHC 67
  2. Leow Fa Dong v Cai Xiao Qing, , [2011] SGDC 285

6. Timeline

DateEvent
Accident occurred
Amendment to Nuruddin’s AEIC
Appellant’s solicitors provided undertaking as security for costs of the appeal
Judgment reserved
High Court allowed the appeal

7. Legal Issues

  1. Negligence
    • Outcome: The High Court found that the respondent was contributorily negligent and that the appellant was not driving at an excessive speed.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Driving at excessive speed
      • Contributory negligence
  2. Contributory Negligence
    • Outcome: The High Court increased the respondent's contributory negligence to 30%.
    • Category: Substantive
    • Sub-Issues:
      • Failure to check for traffic
      • Riding bicycle across zebra crossing

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Motor Vehicle Accidents

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Leow Fa Dong v Cai Xiao QingDistrict CourtYes[2011] SGDC 285SingaporeCited as the District Court decision that was being appealed.
Browne v DunnN/AYes[1893] 6 R 67N/ACited for the rule that a witness must be cross-examined on a point if it is intended to challenge their evidence.
Liza bte Ismail v Public ProsecutorN/AYes[1997] 1 SLR(R) 555SingaporeCited for the principle that a court can reject unchallenged testimony if it is inconsistent with the weight of the evidence.
Per Seah Ting Soon t/a Sing Meng Co Wooden Cases Factory v Indonesian Tractors Co Pte LtdN/AYes[2001] 1 SLR(R) 53SingaporeCited for the appellate court's test for overturning a judge's finding of fact, requiring the evaluation to be 'plainly wrong'.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic Act (Cap 276, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Zebra crossing
  • Negligence
  • Contributory negligence
  • Road accident
  • Cyclist
  • Slip road
  • Excessive speed

15.2 Keywords

  • Road accident
  • Negligence
  • Cyclist
  • Zebra crossing
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law80
Automobile Accidents75
Personal Injury70
Negligence65
Road Traffic Act60
Evidence50
Contributory negligence40

16. Subjects

  • Tort
  • Road Traffic
  • Negligence