Law Kin Ying v Lim Hong Hock: Dependency Claim, Personal Injury, PTSD & Depression

In Law Kin Ying (administratrix of the estate of Lo Hon Man, deceased) and others v Lim Hong Hock, the High Court of Singapore heard a personal injuries and dependency claim arising from a road traffic accident. The plaintiffs, Law Kin Ying (administratrix of the estate of Lo Hon Man, deceased), and others, sought damages for dependency, PTSD, and depression. The court, presided over by AR James Elisha Lee, delivered its judgment on 10 July 2015, awarding damages for PTSD and depression but dismissing the dependency claim. The court found that the plaintiffs did not suffer a loss of dependency because they inherited the deceased's assets, which generated income. The court awarded damages for PTSD and depression to Mdm Law and Michael, two of the plaintiffs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiffs in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Personal injury and dependency claim arising from a road traffic accident. The court addressed claims for loss of dependency, PTSD, and depression, awarding damages for the latter.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Kin Ying (administratrix of the estate of Lo Hon Man, deceased)PlaintiffIndividualJudgment for Plaintiff in partPartial
MichaelPlaintiffIndividualJudgment for Plaintiff in partPartial
Lim Hong HockDefendantIndividualJudgment against Defendant in partLost

3. Judges

Judge NameTitleDelivered Judgment
James Elisha LeeAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Teo Weng KieTan Kok Quan Partnership
Shahira AnuarTan Kok Quan Partnership
Charlene CheeTan Kok Quan Partnership
Anthony WeeUnited Legal Alliance LLC
Pak WaltanUnited Legal Alliance LLC

4. Facts

  1. Mdm Law was driving the Deceased’s car when it developed an engine problem.
  2. The deceased arrived in a taxi and was hit by a prime mover driven by the Defendant.
  3. The deceased succumbed to his injuries and passed away on 4 January 2008.
  4. The deceased was 47 years of age at the time of the accident.
  5. The family had migrated to Singapore from Hong Kong in the year 2003.
  6. The deceased's income since coming to Singapore was derived solely from his assets.
  7. Mdm Law and Michael suffered from PTSD and depression as a result of witnessing the accident.

5. Formal Citations

  1. Law Kin Ying (administratrix of the estate of Lo Hon Man, deceased) and others v Lim Hong Hock, Suit No 513 of 2009 (Registrar's Appeal No 1 of 2011), [2015] SGHCR 14

6. Timeline

DateEvent
Road traffic accident occurred
Lo Hon Man passed away
Suit commenced against the Defendant
Trial began on the issue of liability
Trial on liability concluded
Interlocutory judgment entered by consent in Plaintiffs’ favour
Notice of Appointment for Assessment of Damages filed
Judgment reserved

7. Legal Issues

  1. Loss of Dependency
    • Outcome: The court held that the plaintiffs did not suffer a loss of dependency because they inherited the deceased's assets, which generated income.
    • Category: Substantive
  2. Post-Traumatic Stress Disorder (PTSD)
    • Outcome: The court awarded damages for PTSD to Mdm Law and Michael.
    • Category: Substantive
  3. Depression
    • Outcome: The court awarded damages for depression to Mdm Law and Michael.
    • Category: Substantive
  4. Remoteness of Damage
    • Outcome: The court held that the loss arising from the force sale of shares was not directly caused by the deceased's demise, but rather the inability to top up the margin, and therefore the claim fails for reasons of remoteness.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Personal Injury
  • Wrongful Death

10. Practice Areas

  • Personal Injury Litigation
  • Civil Litigation

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Gul Chandiram Mahtani v Chain SinghHigh CourtYes[1999] 1 SLR(R) 154SingaporeCited for the objective of calculating loss of dependency is to make an assessment of the value of the reasonable expectation of pecuniary benefit from the continuance of the life.
Hanson Ingrid Christina and others v Tan Puey Tze and another appealHigh CourtYes[2008] 1 SLR(R) 409SingaporeCited for the method of determining the multiplicand in calculating loss of dependency and for assessing dependency, the court will need to first ascertain the losses, and then consider whether the deceased would have been able to meet those expenses.
Rockwills Trustee Pte ltd v Wong Meng HangHigh CourtYes[2015] SGHC 138SingaporeCited for assessing the dependency claim and the manner in which a court assesses dependency under the traditional method is similar to how the court assesses maintenance in matrimonial proceedings.
Cape Distribution Ltd v O’LoughlinEngland and Wales Court of Appeal (Civil Division)Yes[2001] EWCA Civ 178England and WalesCited for the approach adopted in the case where the deceased did not earn a fixed salary, but managed a portfolio of properties which gained him income with which he supported the dependants.
Tan Harry v Teo Chee Yeow AloysiusHigh CourtYes[2004] 1 SLR(R) 513SingaporeCited to support the contention that a deduction for inheritance is never made where the parents pre-decease the children.
Pang Koi Fa v Lim Djoe PhingHigh CourtYes[1993] 2 SLR(R) 366SingaporeCited as precedent for the award of damages for PTSD and pathological grief.
Goh Eng Hong v Management Corporation of Textile CentreHigh CourtYes[2003] 1 SLR 209SingaporeCited as precedent for the award of damages for PTSD.
Chang Mui Hoon v Lim Bee LengHigh CourtYes[2013] SGHCR 17SingaporeCited as precedent for the award of damages for PTSD and depression.
Rockwills Trust Ltd v Wong Meng HangHigh CourtYes[2015] SGHC 138SingaporeCited for reasons of remoteness as the loss would not have been reasonably foreseeable by the Defendant.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43)Singapore
Civil Law Act (Cap 43)Singapore
Civil Law Act (Revised Edition 1999)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Dependency Claim
  • Personal Injuries
  • Road Traffic Accident
  • Post-Traumatic Stress Disorder
  • Depression
  • Multiplier-Multiplicand Approach
  • Traditional Method
  • Percentage Deduction Method
  • Estate Duty
  • Force Sale of Shares
  • Remoteness

15.2 Keywords

  • Personal Injury
  • Dependency Claim
  • PTSD
  • Depression
  • Singapore
  • High Court
  • Damages
  • Negligence

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Wrongful Death90
Automobile Accidents80
Dependency Claim75
Road Traffic Accident Law70
Damages70
Post-Traumatic Stress Disorder60
Loss of Dependency50
Civil Procedure50
Evidence50

16. Subjects

  • Civil Litigation
  • Personal Injury
  • Dependency Claim
  • Psychiatric Injury