Ng Chong Ping v Ng Chih-Ming Daren: Amendment Application & Costs Allocation in Negligence Claim

In Ng Chong Ping v Ng Chih-Ming Daren, the High Court of Singapore heard an appeal regarding the costs associated with the plaintiff's application to amend his pleadings to include Richwood Design Pte Ltd as a third defendant in a negligence claim. The plaintiff, a gardener injured on the defendants' property, initially sued the property owners, who then implicated Richwood Design and Archideas Design Inc. The High Court allowed the appeal, varying the original order to costs in the cause, finding that the plaintiff's joinder of the third party was reasonable given the circumstances.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court appeal concerning costs allocation after plaintiff's successful amendment to include third party in negligence claim. Appeal allowed, costs in the cause.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Chong PingPlaintiffIndividualAppeal AllowedWonChelliah Ravindran, Chain Xiao Wei Edmund
Ng Chih-Ming DarenDefendantIndividualNeutralNeutralShahira Binte Mohd Anuar
Richwood Design Pte LtdThird PartyCorporationNeutralNeutralNg Khai Lee Ivan
Archideas Design IncFourth PartyCorporationNeutralNeutralLee Wei Qi

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Chelliah RavindranChelliah & Kiang LLC
Chain Xiao Wei EdmundChelliah & Kiang LLC
Shahira Binte Mohd AnuarTan Kok Quan Partnership
Ng Khai Lee IvanInfinitus Law Corporation
Lee Wei QiRHTLaw Taylor Wessing LLP

4. Facts

  1. Plaintiff, a gardener, was injured when a boundary wall collapsed on him.
  2. The incident occurred while the plaintiff was working on the defendants' property.
  3. The defendants had engaged the Company to carry out gardening and landscape maintenance services.
  4. The defendants alleged that Richwood Design Pte Ltd was responsible for the collapse.
  5. Richwood Design Pte Ltd claimed Archideas Design Inc designed the wall.
  6. The plaintiff applied to amend his pleadings to join Richwood Design Pte Ltd as a third defendant.

5. Formal Citations

  1. Ng Chong Ping v Ng Chih-Ming Daren and others (Richwood Design Pte Ltd, third party;; Archideas Design Inc, fourth party), Suit No 997 of 2013 (Registrar's Appeal No 48 of 2015), [2015] SGHC 75

6. Timeline

DateEvent
Defendants engaged the Company to carry out gardening and landscape maintenance services on the Property.
Parties attended a pre-trial conference.
Hearing of the amendment application.
Parties appeared before the judge.
Decision Date

7. Legal Issues

  1. Costs Allocation
    • Outcome: The court allowed the appeal and varied the orders below to costs in the cause.
    • Category: Procedural
  2. Negligence
    • Outcome: The court did not make a ruling on negligence, as the appeal concerned costs allocation.
    • Category: Substantive

8. Remedies Sought

  1. Damages for personal injuries
  2. Loss
  3. Expenses

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Litigation

11. Industries

  • Construction
  • Landscaping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Amendment application
  • Costs in the cause
  • Joinder
  • Negligence
  • Boundary wall collapse

15.2 Keywords

  • Negligence
  • Personal Injury
  • Costs
  • Amendment
  • Boundary Wall
  • Singapore
  • High Court

16. Subjects

  • Civil Procedure
  • Personal Injury
  • Negligence

17. Areas of Law

  • Civil Procedure
  • Tort Law
  • Negligence