Fong Khim Ling v Tan Teck Ann: Appeal Threshold under Supreme Court of Judicature Act
In Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck Ann, the Court of Appeal of Singapore addressed whether the appellant required leave to appeal under s 34(2)(a) of the Supreme Court of Judicature Act. The case arose from a traffic accident where the deceased's estate claimed damages. The court dismissed the respondent's application to strike out the appeal, holding that the 'amount in dispute' exceeded the $250,000 threshold, thus no leave to appeal was required.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Court of Appeal clarifies the 'amount in dispute' for appeal threshold under s 34(2)(a) of the SCJA, concerning a traffic accident claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) | Appellant | Individual | Appeal Allowed | Won | |
| Tan Teck Ann | Respondent | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
4. Facts
- The deceased died in a traffic accident involving a bus driven by the respondent.
- The appellant, as administrator, obtained interlocutory judgment with liability split 95:5.
- The parties agreed to District Court jurisdiction despite the claim exceeding its limit.
- The Deputy Registrar awarded $261,326.85 in damages.
- The District Judge reduced the award to $158,355 on appeal.
- The High Court affirmed the District Judge's decision.
- The appellant appealed to the Court of Appeal without seeking leave.
5. Formal Citations
- Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck Ann, Civil Appeal No 38 of 2013, [2014] SGCA 11
6. Timeline
| Date | Event |
|---|---|
| Traffic accident occurred, resulting in the death of Fong Ching Pau Lloyd. | |
| Interlocutory judgment obtained for damages to be assessed, with liability agreed in the ratio of 95:5 in favor of the Appellant. | |
| Deputy Registrar awarded the Appellant total damages of $261,326.85 plus interest and costs of $25,000. | |
| District Judge dismissed the Appellant’s appeal and allowed the Respondent’s appeal, reducing the award for loss of dependency to $158,355. | |
| Appellant filed a notice of appeal in Civil Appeal No 38 of 2013. | |
| Respondent filed SUM 3140/2013 to strike out the Notice of Appeal. | |
| Court of Appeal dismissed the application to strike out the notice of appeal. |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that the appellant did not require leave to appeal as the amount in dispute exceeded $250,000.
- Category: Procedural
- Sub-Issues:
- Monetary threshold for appeal
- Interpretation of 'amount in dispute'
- Related Cases:
- [2002] 1 SLR(R) 633
- [2003] 4 SLR(R) 442
- [2009] 2 SLR(R) 558
- [1992] 1 SLR(R) 746
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Wrongful Death
10. Practice Areas
- Appellate Litigation
- Civil Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Chiang Brother’s Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd | Court of Appeal | Yes | [2002] 1 SLR(R) 633 | Singapore | Cited for the principle that the 'amount or value of the subject-matter at the trial' refers to the quantum of the entire claim at trial. |
| Teo Eng Chuan v Nirumalan V Kanapathi Pillay | Court of Appeal | Yes | [2003] 4 SLR(R) 442 | Singapore | Cited for the interpretation of 'amount or value of the subject-matter at the trial' as referring to the quantum of the entire claim at trial. |
| Virtual Map (Singapore) Pte Ltd v Singapore Land Authority and another application | Court of Appeal | Yes | [2009] 2 SLR(R) 558 | Singapore | Cited for the interpretation of 'amount or value of the subject-matter at the trial' as referring to the quantum of the entire claim at trial, but distinguished in the present case. |
| Augustine Zacharia Norman and another v Goh Siam Yong | Court of Appeal | Yes | [1992] 1 SLR(R) 746 | Singapore | Cited for the interpretation of 'amount in dispute' as the difference between the sum awarded by the court below and the sum that the appellant was contending for on appeal, but distinguished in the present case. |
| Spandeck Engineering (S) Pte Ltd v Yong Qiang Construction | Court of Appeal | Yes | [1999] 3 SLR(R) 338 | Singapore | Cited for the interpretation of 'trial' to include any hearing where the judge determines the matter in issue. |
| Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck Ann | High Court | Yes | [2013] SGHC 104 | Singapore | The High Court decision being appealed in the present case. |
| Hua Sheng Tao v Welltech Construction Pte Ltd and another | High Court | Yes | [2003] 2 SLR(R) 137 | Singapore | Cited in contrast to the interpretation of 'amount in dispute'. |
| Abdul Rahman bin Shariff v Abdul Salim bin Syed | High Court | Yes | [1999] 3 SLR(R) 138 | Singapore | Assumed that 'value of the subject-matter' referred to the judgment sum awarded by the lower court. |
| Ang Swee Koon v Pang Tim Fook Paul | High Court | Yes | [2006] 2 SLR(R) 733 | Singapore | Assumed that 'value of the subject-matter' referred to the judgment sum awarded by the lower court. |
| Ong Wah Chuan v Seow Hwa Chuan | Court of Appeal | Yes | [2011] 3 SLR 1150 | Singapore | Cited for the interpretation of 'amount in dispute'. |
| Herbs and Spices Trading Post Pte Ltd v Deo Silver (Pte) Ltd | Court of Appeal | Yes | [1990] 2 SLR(R) 685 | Singapore | Cited for the principle that the two-step hearing is effectively one hearing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) s 34(2)(a) | Singapore |
| Subordinate Courts Act (Cap 321, 2007 Rev Ed) s 23 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Amount in dispute
- Leave to appeal
- Monetary threshold
- Supreme Court of Judicature Act
- Loss of dependency
- Interlocutory judgment
15.2 Keywords
- Appeal
- Leave to Appeal
- Amount in Dispute
- Monetary Threshold
- Supreme Court of Judicature Act
- Traffic Accident
- Damages
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 70 |
| Automobile Accidents | 60 |
| Civil Litigation | 50 |
| Civil Procedure | 40 |
| Damages | 30 |
16. Subjects
- Civil Procedure
- Appeals
- Monetary Thresholds