Lam Hwa Engineering v Yang Qiang: Recovery of Travel Expenses as Disbursements in Personal Injury Claim
In Lam Hwa Engineering & Trading Pte Ltd v Yang Qiang, the Court of Appeal of Singapore addressed the issue of whether travel expenses amounting to $1,208 were properly claimable by the respondent, Yang Qiang, as disbursements in a personal injury claim against the appellant, Lam Hwa Engineering & Trading Pte Ltd. The respondent, a foreign national, had been injured at work and repatriated, later returning to Singapore for trial. The case was settled on the first day of trial, with the appellant agreeing to pay 80% of the respondent’s claim plus costs and disbursements. The court dismissed the appeal, finding it wholly unmeritorious and emphasizing the importance of proportionality and the ethical responsibilities of legal counsel to avoid unnecessary costs.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal addressed whether travel expenses were claimable as disbursements in a settled personal injury claim. The court dismissed the appeal, emphasizing proportionality and ethical responsibilities.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lam Hwa Engineering & Trading Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost | Niru Pillai, Priya Dharshini Pillay |
| Yang Qiang | Respondent | Individual | Appeal Upheld | Won | N Srinivasan, Belinder Kaur Nijar |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Niru Pillai | Global Law Alliance LLC |
| Priya Dharshini Pillay | Global Law Alliance LLC |
| N Srinivasan | Hoh Law Corporation |
| Belinder Kaur Nijar | Hoh Law Corporation |
4. Facts
- The respondent, a foreign worker, was injured in the course of his work.
- The respondent commenced an action against the appellant seeking compensation.
- The respondent returned to China as he was unable to maintain his Singapore work pass.
- The respondent flew back to Singapore to attend and give evidence at the trial.
- The parties reached a settlement on the first day of the trial, with the appellant agreeing to bear 80% liability.
- The appellant disputed the respondent’s claim for travel expenses of $1,208.
- The Deputy Registrar initially held that the travel expenses were not claimable.
5. Formal Citations
- Lam Hwa Engineering & Trading Pte Ltd v Yang Qiang, Civil Appeal No 73 of 2013, [2014] SGCA 3
- Lam Hwa Engineering & Trading Pte Ltd v Yang Qiang, , [2013] 2 SLR 524
- Yang Qiang v Lam Hwa Engineering & Trading Pte Ltd, , [2012] SGDC 31
6. Timeline
| Date | Event |
|---|---|
| Respondent injured in the course of work. | |
| Respondent commenced an action against the appellant seeking compensation. | |
| Respondent flew back to Singapore for the purpose of attending and giving evidence at the trial. | |
| Parties reached a settlement; appellant agreed to bear 80% liability. | |
| District Court allowed the respondent’s appeal. | |
| High Court dismissed the appellant’s appeal. | |
| Court of Appeal dismissed the appeal. |
7. Legal Issues
- Recovery of Travel Expenses as Disbursements
- Outcome: The court held that the travel expenses were recoverable as disbursements, emphasizing the importance of reasonableness and proportionality.
- Category: Substantive
- Sub-Issues:
- Reasonableness of expenses
- Proportionality of costs
- Related Cases:
- [1998] 2 SLR(R) 576
- (1884) 13 QBD 872
- [2011] 3 SLR 1052
- Proportionality of Costs
- Outcome: The court clarified that proportionality should be considered on an item-by-item and global basis, and that it does not envisage an exact ratio or apportionment.
- Category: Procedural
- Sub-Issues:
- Assessment of costs
- Relationship between costs and claim amount
- Related Cases:
- [2011] 3 SLR 1052
- Ethical Responsibilities of Legal Counsel
- Outcome: The court emphasized the ethical responsibilities of legal counsel to conduct a proper risk-benefit evaluation, avoid unnecessary costs, and assist the court in the administration of justice.
- Category: Procedural
- Sub-Issues:
- Duty to conduct risk-benefit evaluation
- Duty to avoid unnecessary costs
- Duty to the court
- Related Cases:
- [2008] 2 SLR(R) 455
8. Remedies Sought
- Monetary Damages
- Costs
- Disbursements
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Litigation
- Taxation of Costs
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajabali Jumabhoy and others v Ameerali R Jumabhoy and others | Court of Appeal | Yes | [1998] 2 SLR(R) 576 | Singapore | Cited and distinguished regarding the entitlement of costs for attendance in court, clarifying that it does not preclude claiming travel expenses. |
| The London Scottish Benefit Society v Chorley, Crawford and Chester | Queen's Bench Division | Yes | (1884) 13 QBD 872 | England | Cited and distinguished regarding the recovery of travel expenses, suggesting the reference to 'travel' may have been a transcription error and should have been 'trouble'. |
| Lin Jian Wei and another v Lim Eng Hock Peter | Court of Appeal | Yes | [2011] 3 SLR 1052 | Singapore | Cited for the analysis of Order 59 rule 27(2) and paragraph 1(2) of Appendix 1 of the Rules of Court, emphasizing the principle of proportionality in assessing costs. |
| Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline | High Court | Yes | [2008] 2 SLR(R) 455 | Singapore | Cited regarding the duty of an advocate and solicitor to evaluate with a client whether the consequence of a matter justifies the expense or the risk involved. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 59 rule 2(2) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 59 rule 1(1) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 59 rule 27(2) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 35 r 1 | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 38 r 22 | Singapore |
| Legal Profession (Professional Conduct) Rules (Cap 161, R1, 2010 Rev Ed) Rule 40 | Singapore |
| Legal Profession (Professional Conduct) Rules (Cap 161, R1, 2010 Rev Ed) Rule 55 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Disbursements
- Travel Expenses
- Proportionality
- Costs
- Taxation
- Reasonableness
- Ethical Responsibilities
- Risk-Benefit Evaluation
15.2 Keywords
- disbursements
- travel expenses
- proportionality
- costs
- legal ethics
- Singapore
- personal injury
16. Subjects
- Civil Litigation
- Costs and Disbursements
- Professional Conduct
17. Areas of Law
- Civil Procedure
- Costs
- Personal Injury Law