Li Siu Lun v Looi Kok Poh: Gleneagles Hospital Conspiracy & Damages Assessment
In Li Siu Lun v Looi Kok Poh and Gleneagles Hospital, the High Court of Singapore assessed damages against Gleneagles Hospital for conspiracy after the hospital consented to an interlocutory judgment. The plaintiff, Li Siu Lun, sued Dr. Looi Kok Poh and Gleneagles Hospital after an unauthorized surgical procedure was performed on him and his consent form was altered. The claim against Dr. Looi was settled. The court awarded Mr. Li $10,000 in compensatory damages and $240,000 in aggravated damages for the hospital's concealment of the truth and the resulting mental distress.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff; compensatory and aggravated damages awarded.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for conspiracy against Gleneagles Hospital. Plaintiff awarded compensatory and aggravated damages for altered consent form.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Li Siu Lun | Plaintiff | Individual | Judgment for Plaintiff | Won | Roderick Edward Martin, Eugene Nai, Ooi Jian Yuan, Tan-Goh Song Gek Alice |
| Looi Kok Poh | Defendant | Individual | Claim settled | Settled | |
| Gleneagles Hospital | Defendant | Corporation | Interlocutory judgment entered against defendant | Lost | Lek Siang Pheng, Audrey Chiang, June Hong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jordan Tan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Roderick Edward Martin | Martin & Partners |
| Eugene Nai | Martin & Partners |
| Ooi Jian Yuan | Martin & Partners |
| Tan-Goh Song Gek Alice | A C Fergusson Law Corporation |
| Lek Siang Pheng | Rodyk & Davidson LLP |
| Audrey Chiang | Rodyk & Davidson LLP |
| June Hong | Rodyk & Davidson LLP |
4. Facts
- Mr. Li underwent surgery at Gleneagles Hospital.
- An unauthorized procedure was performed during the surgery.
- Mr. Li's consent form was altered after the surgery.
- Gleneagles Hospital was aware of the alteration but did not inform Mr. Li.
- Mr. Li had to expend efforts to uncover the truth.
- Gleneagles resisted Mr. Li's application for interrogatories.
- Mr. Li suffered mental distress due to the hospital's actions.
5. Formal Citations
- Li Siu Lun v Looi Kok Poh and another, Suit No 245 of 2009/W (NA 21 of 2012/V), [2013] SGHCR 27
6. Timeline
| Date | Event |
|---|---|
| Unauthorized surgical procedure performed on Mr. Li. | |
| Gleneagles internal email reveals awareness of altered consent form. | |
| Gleneagles supplied altered consent form to Mr. Li. | |
| Suit filed by Mr. Li against Dr. Looi and Gleneagles. | |
| Gleneagles consented to interlocutory judgment. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages for Conspiracy
- Outcome: The court assessed damages, awarding compensatory and aggravated damages to the plaintiff.
- Category: Substantive
- Entitlement to Legal Costs as Damages
- Outcome: The court held that legal costs incurred in the same proceedings cannot be claimed as damages.
- Category: Procedural
- Related Cases:
- [1995] 1 SLR(R) 358
- Aggravated Damages for Mental Distress
- Outcome: The court awarded aggravated damages for the mental distress suffered by the plaintiff due to the hospital's conduct.
- Category: Substantive
- Related Cases:
- [2004] 1 SLR(R) 513
- [2008] SGHC 143
- Punitive Damages
- Outcome: The court rejected the claim for punitive damages, declining to expand the categories established in Rookes v Barnard.
- Category: Substantive
- Related Cases:
- [1964] AC 1129
- [2004] 2 SLR(R) 117
- [2011] 1 SLR 150
- [2005] 3 SLR(R) 202
- [2002] 2 AC 122
- [2001] 1 AC 268
8. Remedies Sought
- Damages for Conspiracy
- Compensatory Damages
- Aggravated Damages
- Punitive Damages
9. Cause of Actions
- Tort of Conspiracy
10. Practice Areas
- Civil Litigation
- Medical Malpractice
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ganesan Carlose & Partners v Lee Siew Chun | High Court | Yes | [1995] 1 SLR(R) 358 | Singapore | Cited regarding the rule that a plaintiff is entitled to claim legal costs incurred in other proceedings if such proceedings were necessitated by the defendant’s wrong. |
| Tan Harry v Teo Chee Yeow Aloysius | High Court | Yes | [2004] 1 SLR(R) 513 | Singapore | Cited for the principle that to claim aggravated damages, the plaintiff needs to show contumelious or exceptional conduct or motive on the part of the defendant and that the plaintiff suffered an intangible loss, injury to personality or mental distress. |
| Kay Swee Pin v Singapore Island Country Club | High Court | Yes | [2008] SGHC 143 | Singapore | Cited as a comparison for the assessment of aggravated damages for mental distress. |
| Rookes v Barnard | House of Lords | Yes | [1964] AC 1129 | United Kingdom | Cited for the three categories of cases for which punitive damages may be granted. |
| Afro-Asia Shipping Company (Pte) Ltd v Da Zhong Investment Pte Ltd | High Court | Yes | [2004] 2 SLR(R) 117 | Singapore | Cited as an opinion that Rookes v Barnard is good law in Singapore. |
| MFM Restaurants Pte Ltd and another v Fish & Co Restaurants Pte Ltd and another appeal | Court of Appeal | Yes | [2011] 1 SLR 150 | Singapore | Cited as a case that left open the position on punitive damages in Singapore. |
| CHS CPO GmbH v Vikas Goel | High Court | Yes | [2005] 3 SLR(R) 202 | Singapore | Cited as a case that did not make a determination on the issue of punitive damages because it was not before the court. |
| Kuddus v Chief Constable of Leicestershire Constabulary | House of Lords | Yes | [2002] 2 AC 122 | United Kingdom | Cited for Lord Nicholls' view on widening the first category in Rookes v Barnard regarding punitive damages. |
| Attorney General v Blake (Jonathan Cape Ltd Third Party) | House of Lords | Yes | [2001] 1 AC 268 | United Kingdom | Cited regarding the quantification of damages with reference to the outstanding benefit retained by the wrongdoer. |
| Chng Suan Tze v Minister for Home Affairs | Court of Appeal | Yes | [1988] 2 SLR(R) 525 | Singapore | Cited for the legality principle. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed Sing) O 59 r 27 | Singapore |
| Rules of Court O 59 r 3(5) | Singapore |
| Rules of Court O 27 r 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Conspiracy
- Assessment of Damages
- Altered Consent Form
- Mental Distress
- Interlocutory Judgment
- Punitive Damages
- Aggravated Damages
- Compensatory Damages
- Interrogatories
- Legal Costs
15.2 Keywords
- conspiracy
- damages
- medical malpractice
- Singapore
- hospital
- consent form
- negligence
16. Subjects
- Tort Law
- Civil Procedure
- Medical Law
- Damages
17. Areas of Law
- Tort Law
- Conspiracy
- Civil Procedure
- Damages Assessment
- Medical Law