Tan Joon Wei Wesley v Lee Kim Wei: Personal Injury Claim - Road Traffic Accident

In Tan Joon Wei Wesley v Lee Kim Wei, the High Court of Singapore addressed a personal injury claim arising from a 2009 road traffic accident. Tan Joon Wei Wesley, the plaintiff, sued Lee Kim Wei, the defendant, for injuries sustained when the defendant's lorry collided with the plaintiff's motorcycle. The court, presided over by AR James Elisha Lee, assessed damages for pain and suffering, pre-trial loss of earnings, loss of future earnings, and overseas education expenses, ultimately ruling in favor of the plaintiff.

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

Personal injury claim from a road traffic accident. The court assessed damages for pain and suffering, loss of earnings, and overseas education expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Joon Wei WesleyPlaintiffIndividualJudgment for PlaintiffWon
Lee Kim WeiDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Elisha Lee JamesAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Lim Kim HongM/s Kim & Co.
Wang Ying ShuangM/s Rajah & Tann LLP
Simon GohM/s Rajah & Tann LLP

4. Facts

  1. Plaintiff was riding his motorcycle when the Defendant's lorry collided with him.
  2. The accident occurred on 10 August 2009.
  3. Plaintiff sustained head injuries and multiple superficial abrasions.
  4. Plaintiff was a pilot trainee with the Republic of Singapore Air Force (RSAF).
  5. Plaintiff was deemed unsuitable for flying training due to risk of post-traumatic epilepsy.
  6. Plaintiff commenced a degree course in Management at Purdue University.
  7. Interlocutory judgment was entered by consent on 14 June 2011 in the Plaintiff’s favour at 100%.

5. Formal Citations

  1. Tan Joon Wei Wesley v Lee Kim Wei, Suit No 180 of 2011(Registrar's Appeal No 1 of 2011), [2013] SGHCR 24

6. Timeline

DateEvent
Road traffic accident occurred
Plaintiff admitted to National University Hospital
Plaintiff discharged from National University Hospital
Plaintiff released from Republic of Singapore Air Force
Plaintiff commenced studies at Purdue University
Suit commenced against Defendant
Interlocutory judgement entered by consent in Plaintiff’s favour at 100%
Notice of Appointment for Assessment of Damages filed
Judgment reserved

7. Legal Issues

  1. Assessment of Damages for Personal Injury
    • Outcome: The court assessed damages for pain and suffering, pre-trial loss of earnings, loss of future earnings, and overseas education expenses.
    • Category: Substantive
    • Sub-Issues:
      • Pain and suffering
      • Pre-trial loss of earnings
      • Loss of future earnings
      • Overseas education expenses
      • Mitigation of damages
  2. Mitigation of Loss
    • Outcome: The court considered whether the plaintiff took reasonable steps to mitigate his loss.
    • Category: Substantive
  3. Loss of Future Earnings
    • Outcome: The court assessed the plaintiff's loss of future earnings based on his potential career as a pilot and his alternative career path in human resources.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Personal Injury

10. Practice Areas

  • Personal Injury Litigation
  • Motor Vehicle Accidents

11. Industries

  • Transportation
  • Aviation
  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Yu Min Winston v Uni-Fruitveg Pte LtdHigh CourtYes[2008] 4 SLR(R) 825SingaporeCited for the component approach in deriving quantum of damages pertaining to head injuries.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the component approach in deriving quantum of damages pertaining to head injuries.
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok TongCourt of AppealYes[2012] 2 SLR 85SingaporeCited for the component approach as a systematic instrument to aid the court to determine a fair and reasonable quantification for a particular injury or disability.
Siti Rabiah Bte Ahmad v Abu Bin NachakHigh CourtYesSuit No. 1328 of 1997SingaporeCited as a precedent case for head injuries.
Jeya v Lui Yew KeeHigh CourtYes[1992] 1 SLR(R) 240SingaporeCited as a precedent case for head injuries.
Mullaichelvan s/o Perumal v Lee Heng KahHigh CourtYes[2013] SGHCR 3SingaporeCited as a precedent case for head injuries.
Koh Chai Kwang v Teo Ai Ling (by her next friend Chua Wee Bee)Court of AppealYes[2011] 3 SLR 610SingaporeCited as a precedent case for head injuries.
Tan Kim Lee v Mohd Yusoh Bin HussainDistrict CourtYesDC Suit No. 3084 of 2000SingaporeCited as a precedent case for head injuries.
Ng Chee Wee v Tan Chin SengHigh CourtYes[2013] SGHC 54SingaporeCited as a precedent case for psychological injury.
Deepika Sharma v Lee ZhihuiDistrict CourtYes[2007] SGDC 276SingaporeCited as a precedent case for psychological injury.
Leong Wah Toh v Panner Selvam Lakshmanan & AnorMagistrate's CourtYesMC Suit No. 9958 of 1997SingaporeCited as a precedent case for cognitive impairment.
Ong Zern Chern Philip v Wong Siang MengHigh CourtYes[2004] SGHC 258SingaporeCited as a precedent case for cognitive impairment.
Mallet v McMonagleHouse of LordsYes[1970] A.C. 166United KingdomCited for the role of the court in making an assessment of damages which depends upon its view as to what will be and what would have been.
Davies v TaylorHouse of LordsYes[1974] A.C. 207United KingdomCited for evaluating the chance of a future event happening when assessing damages.
Allied Maples Group Ltd v Simmons & SimmonsCourt of AppealYes[1995] 1 WLR 1602United KingdomCited for the distinction between three types of “loss of a chance” situations.
Tan Shwu Leng v Singapore Airlines LtdHigh CourtYes[2001] SGHC 51SingaporeCited for deduction from the flying pay supplement-training and overseas allowance to account for the Plaintiff’s overseas expenditure during the Basic Wings Course.
Teo Sing Keng v Sim Ban KiatHigh CourtYes[1994] 1 SLR(R) 340SingaporeCited for deduction of 3% for income tax.
Ho Yiu v Lim Peng SengHigh CourtYes[2004] SGHC 28SingaporeCited for deduction of 3% for income tax.
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok TongCourt of AppealYes[2012] 2 SLR 85SingaporeCited to support the contention that based on the evidence adduced the court would be justified in finding that the Plaintiff had, on a balance of probabilities, more than an even chance of becoming a pilot.
Lai Chi Kay and Ors v Lee Kuo ShinHigh CourtYes[1981] SGHC 7SingaporeCited to support the contention that based on the evidence adduced the court would be justified in finding that the Plaintiff had, on a balance of probabilities, more than an even chance of becoming a pilot.
British Westinghouse Co v Underground RyHouse of LordsYes[1912] AC 673United KingdomCited for the principle that a claimant is required only to take reasonable steps to mitigate the loss to him.
The “Asia Star”High CourtYes[2010] 2 SLR 1154SingaporeCited for the principle that a claimant is required only to take reasonable steps to mitigate the loss to him.
Sim Ban Kiat v Teo Sing KengHigh CourtYes[1993] 1 SLR(R) 111SingaporeCited for the principle that a claimant is required only to take reasonable steps to mitigate the loss to him.
Smith v Manchester CorporationEnglish Court of AppealYes[1974] 1 KIR 1England and WalesCited for the law on loss of future earnings and loss of earning capacity.
Teo Ai Ling v Koh Chai KwangHigh CourtYes[2010] 2 SLR 1037SingaporeCited for the law on loss of future earnings and loss of earning capacity.
Poh Huat Heng Corp Pte Ltd v Hafizul Islam Kofil UddinCourt of AppealYes[2012] 3 SLR 1003SingaporeCited for the law on loss of future earnings and loss of earning capacity.
Lai Wai Keong Eugene v Loo Wei YenHigh CourtYes[2013] SGHC 123SingaporeCited for the law on loss of future earnings and loss of earning capacity.
Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee)Court of AppealYes[2011] 3 SLR 610SingaporeCited for the law on loss of future earnings and loss of earning capacity.
Lai Wee Lian v Singapore Bus Service (1978) LtdPrivy CouncilYes[1983-1984] SLR(R) 388SingaporeCited for the principles for determining the appropriate multiplier.
Wells v WellsHouse of LordsYes[1999] 1 AC 345United KingdomCited for the principles for determining the appropriate multiplier.
Loh Chia Mei v Koh Kok HanHigh CourtYes[2009] SGHC 181SingaporeCited for the principles for determining the appropriate multiplier.
Chan Pui-ki v Leung OnHong Kong Court of AppealYes[1996] 2 HKLR 401Hong KongCited for the principles for determining the appropriate multiplier.
Shaw Linda Gillian v Chai Kang Wei SamuelHigh CourtYes[2009] SGHC 187SingaporeCited for the principles for determining the appropriate multiplier.
Teo Seng Kiat v Goh Hwa TeckHigh CourtYes[2003] 1 SLR(R) 333SingaporeCited for the principles for determining the appropriate multiplier.
Payzu v SaundersCourt of AppealYes[1919] 2 K.B. 581 CAEngland and WalesCited for the principle that the question of mitigation of damage is a question of fact.
Bamco de Portugal v Waterloo & sons, LimitedHouse of LordsYes[1932] 1 AC 452United KingdomCited for the principle that the law is satisfied if the party placed in a difficult situation by reason of the breach of a duty owed to him has acted reasonably in the adoption of remedial measures.
Darbishire v WarrenCourt of AppealYes[1963] 1 WLR 1067England and WalesCited for the principle that the plaintiff is not entitled to charge the defendant by way of damages with any greater sum than that which he reasonably needs to expend for the purpose of making good the loss.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act (Cap 97)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Road Traffic Accident
  • Personal Injury
  • Loss of Earnings
  • Mitigation of Damages
  • Post-Traumatic Epilepsy
  • Pilot Training
  • Overseas Education Expenses
  • Component Approach
  • Multiplicand
  • Multiplier

15.2 Keywords

  • personal injury
  • road traffic accident
  • damages
  • loss of earnings
  • mitigation
  • pilot
  • education
  • singapore

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Damages Assessment80
Automobile Accidents75
Road Traffic Accident Law70
Negligence65
Evidence60
Civil Procedure50

16. Subjects

  • Personal Injury
  • Damages Assessment
  • Road Accidents