Chang Mui Hoon v Lim Bee Leng: Road Accident, Whiplash Injury, PTSD, and Damages Assessment

In Chang Mui Hoon v Lim Bee Leng, the High Court of Singapore assessed damages following a road traffic accident where the Plaintiff, Chang Mui Hoon, sustained injuries while a passenger in a vehicle rear-ended by a vehicle driven by the Defendant, Lim Bee Leng. The Plaintiff claimed damages for whiplash injury, post-traumatic stress disorder (PTSD), depression, and related expenses. The court awarded the Plaintiff $16,000 for the whiplash injury, $20,000 for PTSD and depression, $12,000 for future psychotherapy, $1,645 for future chiropractic treatment, $12,000 for loss of earning capacity, and $59,613 for pre-trial medical expenses, totaling $131,258.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for whiplash, PTSD, and depression after a road accident. The court awarded $131,258 in damages to the plaintiff.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chang Mui HoonPlaintiffIndividualJudgment for PlaintiffWon
Lim Bee LengDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Colin SeowAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Andrew J HanamAndrew LLC
Niru PillaiGlobal Law Alliance LLC

4. Facts

  1. The Plaintiff was injured in a road traffic accident on 7 September 2009.
  2. The Plaintiff sustained a whiplash injury to her neck as a result of the accident.
  3. The Plaintiff claimed to suffer from post-traumatic stress disorder (PTSD) and depression following the accident.
  4. The Plaintiff had been a full-time housewife since 2005 and intended to start a dog grooming business.
  5. The Plaintiff migrated to Canada in October 2011.
  6. Medical experts provided conflicting opinions on the severity of the Plaintiff's whiplash injury and psychiatric conditions.
  7. The Plaintiff sought damages for medical expenses, loss of income, and loss of earning capacity.

5. Formal Citations

  1. Chang Mui Hoon v Lim Bee Leng, Suit No 149 of 2011 (Notice of Appointment for Assessment of Damages No 46 of 2012), [2013] SGHCR 17

6. Timeline

DateEvent
Road traffic accident occurred between SFL5663U and SFH303M.
Plaintiff commenced a suit against the Defendant.
Interlocutory judgment was entered by consent in favor of the Plaintiff.
Notice of Appointment for Assessment of Damages No 46 of 2012 was filed.
Hearing for NA 46/2012 began.
Hearing for NA 46/2012 became part heard.
Hearing of evidence concluded.
Parties' closing written submissions tendered and exchanged.
Plaintiff filed an application to amend the Statement of Claim.
Parties' reply submissions tendered and exchanged.
SOC amendment hearing was partially granted.
Parties exchanged further consequential closing written submissions for NA 46/2012.
Judgment reserved.

7. Legal Issues

  1. Assessment of Damages for Whiplash Injury
    • Outcome: The court determined the Plaintiff suffered a Grade 1 whiplash injury and awarded $16,000 in damages.
    • Category: Substantive
    • Sub-Issues:
      • Severity of whiplash injury
      • Application of Quebec Severity Classification
  2. Assessment of Damages for Post-Traumatic Stress Disorder (PTSD) and Depression
    • Outcome: The court determined the Plaintiff suffered from PTSD and depression and awarded $20,000 in damages.
    • Category: Substantive
    • Sub-Issues:
      • Severity of PTSD
      • Severity of depression
      • Causation of psychiatric conditions
  3. Assessment of Damages for Loss of Earning Capacity
    • Outcome: The court awarded $12,000 for the Plaintiff's temporary loss of earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Impact of injuries on employability
      • Calculation of loss of earning capacity
  4. Admissibility and Relevance of Medical Evidence
    • Outcome: The court considered the admissibility and relevance of various medical reports and expert testimonies in assessing the Plaintiff's injuries and damages.
    • Category: Procedural
    • Sub-Issues:
      • Weight of contemporaneous medical reports
      • Reliance on expert witness testimony
      • Expunging of affidavit of evidence-in-chief
  5. Assessment of Special Damages
    • Outcome: The court allowed $59,613 for pre-trial medical expenses but rejected the claims for maid and transport expenses. The court awarded $10,000 for pre-trial loss of earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Pre-trial medical expenses
      • Maid expenses
      • Transport expenses
      • Pre-trial loss of income

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Siew Bin Ronnie v Chin Wee KeongHigh CourtYes[2008] 1 SLR(R) 178SingaporeCited for the principle that courts take economic realities such as monetary inflation into account when making awards in assessment of damages proceedings.
Clark Jonathan Michael v Lee Khee ChungHigh CourtYes[2010] 1 SLR 209SingaporeCited as a recent road traffic accident case involving whiplash injuries, providing guidance on the appropriate quantum of damages.
Menjit Singh s/o Hari Singh v Ong Lay PengHigh CourtYes[2012] SGHC 11SingaporeCited as a recent road traffic accident case involving whiplash injuries, providing guidance on the appropriate quantum of damages.
Pang Koi Fa v Lim Djoe PhingHigh CourtYes[1993] 2 SLR(R) 366SingaporeCited to determine the severity of the Plaintiff's psychiatric condition.
Goh Eng Hong v Management Corporation of Textile Centre and anotherHigh CourtYes[2003] 1 SLR(R) 209SingaporeCited to determine the severity of the Plaintiff's psychiatric condition.
Paff v SpeedHigh Court of AustraliaYes[1961] 105 CLR 549AustraliaCited for the distinction between special and general damages.
Arthur Robinson (Grafton) Pty Ltd v CarterHigh Court of AustraliaYes[1968] 122 CLR 649AustraliaCited for the distinction between special and general damages.
Freudhofer v PoledanoFull Court of VictoriaYes[1972] VR 287AustraliaCited for the distinction between special and general damages.
Daly v General Steam Navigation Co LtdEngland and Wales Court of Appeal (Civil Division)Yes[1981] 1 WLR 120England and WalesCited regarding pre-trial loss of housekeeping capacity.
Bradburn v G.W. RyCourt of ExchequerYes[1874] L.R. 10 Ex. 1England and WalesCited regarding non-deduction of insurance moneys from damages.
Parry v CleaverHouse of LordsYes[1970] A.C. 1United KingdomCited regarding non-deduction of insurance moneys from damages.
Hussain v New Taplow Paper MillsHouse of LordsYes[1988] A.C. 514United KingdomCited regarding non-deduction of insurance moneys from damages.
Hodgson v TrappHouse of LordsYes[1989] A.C. 807United KingdomCited regarding non-deduction of insurance moneys from damages.
Smoker v London Fire AuthorityHouse of LordsYes[1991] 2 A.C. 502United KingdomCited regarding non-deduction of insurance moneys from damages.
The “MARA”Court of AppealYes[2000] 3 SLR(R) 31SingaporeCited regarding non-deduction of insurance moneys from damages.
Seagate Technology Pte Ltd and another v Goh Han KimCourt of AppealYes[1994] 3 SLR(R) 836SingaporeCited regarding non-deduction of insurance moneys from damages.
Toon Chee Meng Eddie v Yeap Chin HonHigh CourtYes[1993] 1 SLR(R) 407SingaporeCited regarding maid expenses.
Tan Juay Mui (by his next friend Chew Chwee Kim) v Sher Kuan Hock and another (Liberty Insurance Pte Ltd, co-defendant; Liberty Insurance Pte Ltd and another, third parties)High CourtYes[2012] 3 SLR 496SingaporeCited regarding maid expenses.
Ng Chee Wee v Tan Chin SengHigh CourtYes[2013] SGHC 54SingaporeCited for the principle that a plaintiff can claim for loss of earning capacity even if not employed at the time of the assessment.

13. Applicable Rules

Rule Name
O 38 r 2(1) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Whiplash injury
  • Post-traumatic stress disorder
  • PTSD
  • Depression
  • Assessment of damages
  • Loss of earning capacity
  • Special damages
  • General damages
  • Quebec Severity Classification
  • Pre-trial loss of income
  • Medical expenses
  • Maid expenses

15.2 Keywords

  • Road accident
  • Whiplash
  • PTSD
  • Depression
  • Damages
  • Singapore
  • Personal injury

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law95
Personal Injury90
Automobile Accidents85
Damages80
Whiplash Injury80
Negligence75
Post-Traumatic Stress Disorder70
Measure of Damages70
Loss of Earning Capacity65
Civil Litigation60
Evidence50
Civil Procedure40

16. Subjects

  • Personal Injury
  • Damages Assessment
  • Road Traffic Accident
  • Psychiatric Injury