Neo Siong Chew v Cheng Guan Seng: Negligence Claim for Excavator Accident at Construction Site
In Neo Siong Chew v Cheng Guan Seng, the High Court of Singapore heard a negligence claim by Neo Siong Chew against Cheng Guan Seng, Sim Lian-Koru Bena JV Pte Ltd, and Kim Ting Landscape (Pte) Ltd, arising from an excavator accident on 2 November 2008. The plaintiff sustained injuries at a construction site. The court, presided over by Lai Siu Chiu J, found the first defendant, Cheng Guan Seng, negligent in operating the excavator, but also found the plaintiff contributorily negligent to the extent of 30%. The claims against the second and third defendants were dismissed. The court ordered an assessment of damages against the first defendant, with costs to be determined later.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff in part; Plaintiff found to be contributorily negligent.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Neo Siong Chew sued Cheng Guan Seng, Sim Lian-Koru Bena JV Pte Ltd, and Kim Ting Landscape (Pte) Ltd for negligence after an excavator accident. The court found the first defendant negligent and 30% contributory negligence by the plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SIM LIAN-KORU BENA JV PTE LTD | Defendant | Corporation | Claim Dismissed | Dismissed | |
| Neo Siong Chew | Plaintiff | Individual | Judgment for Plaintiff in part | Partial | |
| Cheng Guan Seng | Defendant | Individual | Judgment against Defendant in part | Lost | |
| Kim Ting Landscape (Pte) Ltd | Defendant | Corporation | Claim Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Appoo Ramesh | Just Law LLC |
| Vijay Kumar | Vijay & Co |
| Lee Yoon Tet Luke | Luke & Co |
4. Facts
- The second defendant was the main contractor for the construction of a 16-storey office building.
- The second defendant appointed Hock Po Leng Landscape & Construction Pte Ltd to cut and uproot trees at the Site.
- Hock Po Leng subcontracted the job to the third defendant.
- The third defendant hired an excavator from Gim Soon Heng Engineering Contractor.
- Gim Soon Heng subcontracted the work to the first defendant, an independent excavator operator.
- On 2 November 2008, the plaintiff was supervising and working with the third defendant’s workers.
- The excavator operated by the first defendant reversed into the plaintiff, causing fractures to his lower body.
5. Formal Citations
- Neo Siong Chew v Cheng Guan Seng and others, Suit No 326 of 2011, [2013] SGHC 93
6. Timeline
| Date | Event |
|---|---|
| Accident occurred involving an excavator and the plaintiff | |
| Lawsuit filed | |
| Judgment reserved |
7. Legal Issues
- Negligence
- Outcome: The court found the first defendant negligent in operating the excavator and causing injury to the plaintiff, but also found the plaintiff contributorily negligent.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Causation
- Contributory negligence
- Related Cases:
- [2007] 4 SLR(R) 100
- Breach of Statutory Duty
- Outcome: The court found the first defendant in breach of ss 15(3) and 17(4) of the WSHA. The court found the second defendant in breach of s 11(a) and 11(b) of the WSHA. The court found that Parliament did not intend to confer a private right of action for a breach of statutory duty under the WSHA. The court found that there were no reasonably practicable measures that the third defendant could have implemented to prevent the excavator from colliding into the plaintiff.
- Category: Substantive
- Related Cases:
- [2012] SGHC 99
- [2011] 2 SLR 146
- [2012] 2 SLR 549
- Occupier's Liability
- Outcome: The court found that the accident arose out of the operations at the Site and did not relate to the physical condition of the premises. Therefore, the plaintiff’s claim against the second defendant based on occupier’s liability fails.
- Category: Substantive
- Related Cases:
- [1996] 2 SLR(R) 223
8. Remedies Sought
- Special Damages
- General Damages
9. Cause of Actions
- Negligence
- Breach of Statutory Duty
10. Practice Areas
- Personal Injury
- Construction Accident Litigation
11. Industries
- Construction
- Landscaping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Unknown | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for the two-stage test to determine duty of care in negligence claims. |
| Manickam Sankar v Selvaraj Madhavan (trading as MKN Construction & Engineering) and another | High Court | Yes | [2012] SGHC 99 | Singapore | Cited for the principle that a breach of statutory duty does not automatically give rise to a right of private action. |
| Animal Concerns Research & Education Society v Tan Boon Kwee | Unknown | Yes | [2011] 2 SLR 146 | Singapore | Cited for the principle that a breach of statutory duty does not automatically give rise to a right of private action. |
| Tan Juay Pah v Kimly Construction Pte Ltd and others | Unknown | Yes | [2012] 2 SLR 549 | Singapore | Cited for the principle that the plaintiff has to prove that Parliament intended to confer on the plaintiff a private right of action for breach of the duty. |
| Awang bin Dollah v Shun Shing Construction & Engineering Co Ltd and other appeals | Unknown | Yes | [1997] 2 SLR(R) 746 | Singapore | Cited for the principle that a main contractor owes a workman a duty of care even if the workman was not employed by him but by a subcontractor if the main contractor exercised or had the right to exercise control over the workman. |
| Ma HongFei v U-Hin Manufacturing Pte Ltd and another | Unknown | Yes | [2009] 4 SLR(R) 336 | Singapore | Cited for the principle that a main contractor owes a workman a duty of care even if the workman was not employed by him but by a subcontractor if the main contractor exercised or had the right to exercise control over the workman. |
| Mohd bin Sapri v Soil-Build (Pte) Ltd and another appeal | Unknown | Yes | [1996] 2 SLR(R) 223 | Singapore | Cited for the principle that an occupier owes a duty of care to prevent injury to an invitee from unusual dangers which the occupier knows or ought to have known about and that this duty only pertains to the physical condition of the premises and not the operations at the site. |
| Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another suit | Unknown | Yes | [2009] 4 SLR(R) 788 | Singapore | Cited for the principle that the existence of a criminal penalty is generally a factor which militates against the finding that Parliament intended to confer a civil remedy. |
| Froom and others v Butcher | Unknown | Yes | [1976] 1 QB 286 | England and Wales | Cited for the definition of contributory negligence. |
| Jones v Livox Quarries Ltd | Unknown | Yes | [1952] 2 Q.B 608 | England and Wales | Cited for the definition of contributory negligence. |
| Chua Teck Chew Robert v Goh Eng Wah | Court of Appeal | Yes | [2009] 4 SLR(R) 716 | Singapore | Cited for the rationale for the Bullock and Sanderson order. |
| Bullock v The London General Omnibus Company and others | Unknown | Yes | [1907] 1 KB 264 | England and Wales | Cited for the definition of Bullock order. |
| Sanderson v Blyth Theatre Company | Unknown | Yes | [1903] 2 KB 533 | England and Wales | Cited for the definition of Sanderson order. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 15(3) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 17(4) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 11 | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 12(2) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 12(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Excavator
- Construction Site
- Negligence
- Workplace Safety and Health Act
- Contributory Negligence
- Independent Contractor
- Duty of Care
- Signal Man
- Side Mirror
- Occupier's Liability
15.2 Keywords
- Excavator accident
- Negligence
- Construction site
- Workplace safety
- Personal injury
- Contributory negligence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Personal Injury | 90 |
| Workplace Safety and Health Act | 85 |
| Construction Law | 50 |
| Torts | 40 |
16. Subjects
- Tort Law
- Workplace Safety
- Construction Accidents