Zhu Xiu Chun v Rockwills Trustee: Negligence, Liposuction, Damages for Loss of Inheritance
The Court of Appeal heard appeals from Dr. Zhu Xiu Chun, Dr. Wong Meng Hang, and Rockwills Trustee Ltd, the administrator of the estate of Franklin Heng Ang Tee, regarding the High Court's award of damages for negligence in a liposuction surgery that resulted in Mr. Heng's death. Rockwills Trustee Ltd sued Dr. Zhu, Dr. Wong, and Reves Clinic Pte Ltd. The Court of Appeal partially allowed the appeals, adjusting the sums awarded for the children's dependency claims and loss of inheritance claim, and directing that the coroner’s inquiry fees be taxed.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded for a negligently conducted liposuction resulting in death. The court considered loss of inheritance claims.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rockwills Trustee Ltd | Respondent, Appellant | Corporation | Appeal allowed in part | Partial | |
| Reves Clinic Pte Ltd | Respondent | Corporation | Neutral | Neutral | |
| Zhu Xiu Chun (alias Myint Myint Kyi) | Appellant, Respondent | Individual | Appeal allowed in part | Partial | |
| Wong Meng Hang (Huang Minghan) | Respondent, Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Judge of Appeal | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
4. Counsels
4. Facts
- Heng Ang Tee, Franklin, died due to negligently conducted liposuction surgery on 30 December 2009.
- Rockwills Trustee Ltd, as administrator, sued Dr. Zhu Xiu Chun, Dr. Wong Meng Hang, and Reves Clinic Pte Ltd.
- Liability was admitted by Dr. Wong and Dr. Zhu.
- The High Court awarded $5,260,653.58 to the estate and dependants.
- Appeals were filed by the administrator and the doctors regarding the quantum of damages.
- The deceased was the Chief Executive Officer of YTL Starhill Global REIT Management Limited.
- The deceased was paying $9,000 a month to Ms Quek and the Children.
5. Formal Citations
- Zhu Xiu Chun (alias Myint Myint Kyi) v Rockwills Trustee Ltd, Civil Appeal No 127 of 2015, [2016] SGCA 52
- Rockwills Trustee Ltd suing as Administrators of the Estate of & on behalf of the Dependants of Franklin Heng Ang Tee v Wong Meng Hang, Civil Appeal No 131 of 2015, [2016] SGCA 52
- Wong Meng Hang (Huang Minghan) v Rockwills Trustee Ltd suing as Administrators of the Estate of & on behalf of the Dependants of Franklin Heng Ang Tee, Civil Appeal No 132 of 2015, [2016] SGCA 52
6. Timeline
| Date | Event |
|---|---|
| Deceased died during liposuction surgery. | |
| Administrator commenced Suit No 165 of 2011 against the Defendants. | |
| Interlocutory judgment was entered against Reves Clinic Pte Ltd. | |
| Coroner issued report concluding medical misadventure. | |
| Liability admitted by Dr Wong and Dr Zhu. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Measure of Damages
- Outcome: The court adjusted the sums awarded for the children's dependency claims and loss of inheritance claim.
- Category: Substantive
- Sub-Issues:
- Calculation of dependency claim
- Calculation of loss of inheritance
- Adducing of Further Evidence
- Outcome: The court refused leave for the Administrator to adduce further evidence.
- Category: Procedural
- Coroner's Inquiry Fees
- Outcome: The court directed that the coroner’s inquiry fees be taxed.
- Category: Substantive
8. Remedies Sought
- Damages for pain and suffering
- Medical expenses paid
- Car-related charges
- Coroner’s inquiry fees
- Trustee and administrator fees
- Loss and expenses incurred on properties
- Dependency claim of mother
- Dependency claim of former wife and children
- Loss of inheritance and/or savings
- Funeral expenses
- Legal fees and disbursements incurred for obtaining Letters of Administration
- Damages for bereavement
9. Cause of Actions
- Negligence
10. Practice Areas
- Commercial Litigation
- Personal Injury
- Medical Malpractice
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rockwills Trustee Ltd (administrators of the estate of and on behalf of the dependants of Heng Ang Tee Franklin, deceased) v Wong Meng Hang and others | High Court | Yes | [2015] 4 SLR 239 | Singapore | The High Court decision which is being appealed. |
| Chong Khin Ngen and another v Lim Djoe Phing | High Court | Yes | [1993] SGHC 154 | Singapore | Cited for the proposition that coroner's inquiry fees are recoverable. |
| Tan Harry and another v Teo Chee Yeow Aloysius and another | High Court | Yes | [2004] 1 SLR(R) 513 | Singapore | Some doubt was cast over whether coroner's inquiry fees should be claimable. |
| Kim Anseok and another (personal representatives of the estate of Kim Miseon, deceased) v Shi Sool Hee | High Court | Yes | [2010] SGHC 124 | Singapore | Cited as a case where the High Court allowed the plaintiff’s claim for its solicitors’ bill of costs and disbursements for attending the coroner’s inquiry. |
| Roach and another v Home Office | English High Court | Yes | [2010] 2 WLR 746 | England | Cited for the principle that costs relating to an inquest are recoverable as costs incidental to subsequent civil proceedings. |
| Amelda Helen Lynch (Representation of the Estate of Colette Lynch) and others v Chief Constable of Warwickshire Police and others | Senior Courts Costs Office of the English High Court of Justice | Yes | 2014 WL 5833974 | England | Affirmed and elaborated on the decision of Roach by emphasising that in assessing the recoverable inquest costs, the court should look towards whether the costs were disproportionate and only those necessarily incurred and reasonable in amount would be allowed. |
| Ladd v Marshall | N/A | Yes | [1954] 1 WLR 1489 | N/A | Cited for the conditions that must be met for further evidence to be adduced at the appellate stage. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited to argue that where the further evidence relates to matters which have occurred after the date of the decision from which the appeal is brought, the satisfaction of special grounds is not required for such evidence to be admitted. |
| Cheng-Wong Mei Ling Theresa v Oei Hong Leong | Court of Appeal | Yes | [2006] 2 SLR(R) 637 | Singapore | Cited to argue that the Ladd v Marshall conditions should not always be applied rigidly in all circumstances and that the court should allow the introduction of the evidence as it is in the interests of justice to do so. |
| Su Sh-Hsyu v Wee Yue Chew | Court of Appeal | Yes | [2007] 3 SLR(R) 673 | Singapore | Cited to argue that the Ladd v Marshall conditions should not always be applied rigidly in all circumstances and that the court should allow the introduction of the evidence as it is in the interests of justice to do so. |
| Hanson Ingrid Christina and others v Tan Puey Tze and another appeal | N/A | Yes | [2008] 1 SLR(R) 409 | Singapore | Cited for the appropriate multiplier for Ms Quek’s dependency claim. |
| Cheong Gim Fah and another v Murugian s/o Rangasamy | High Court | Yes | [2004] SGHC 93 | Singapore | Cited for the appropriate multiplier for Ms Quek’s dependency claim. |
| Lassiter Ann Masters (suing as the widow and dependant of Lassiter Henry Adolphus, deceased) v To Keng Lam (alias Toh Jeanette) | N/A | Yes | [2005] 2 SLR(R) 8 | Singapore | Cited for the appropriate multiplier for Ms Quek’s dependency claim. |
| Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another | High Court | Yes | [2004] SGHC 21 | Singapore | Cited for the appropriate multiplier for Ms Quek’s dependency claim. |
| Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil Uddin | Court of Appeal | Yes | [2012] 3 SLR 1003 | Singapore | Cited for the principle that a blind adherence to the multipliers in previous cases is not desirable. |
| Lai Wai Keong Eugene v Loo Wei Yen | Court of Appeal | Yes | [2014] 3 SLR 702 | Singapore | Cited for the principle that parties should not merely rely on the multipliers set out in previous cases but should also seek to assist the court further by providing relevant actuarial data to justify the discounts which they are advocating for. |
| Gul Chandiram Mahtani and another (administrators of the estate of Harbajan Kaur, deceased) v Chain Singh and another | N/A | Yes | [1998] 2 SLR(R) 801 | Singapore | Cited for the principle of a “reasonable expectation of pecuniary benefit”. |
| Ng Siew Choo v Tan Kian Choon | N/A | Yes | [1990] 1 SLR(R) 235 | Singapore | Cited for the principle that there does not have to be “distinct evidence of pecuniary advantage in existence prior to or at the time of death”. |
| Lam Pak Chiu and another v Tsang Mei Ying and another | Hong Kong Court of Final Appeal | Yes | [2001] HKCFA 28 | Hong Kong | Cited for the observations made in the context of an estate claim for loss of accumulation of wealth. |
| Lai Wee Lian v Singapore Bus Service (1978) Ltd | N/A | Yes | [1983-1984] SLR(R) 388 | Singapore | Cited for the principle that the discount that is applied to a dependency claim is based both on uncertainties in the future and for accelerated receipt of a lump sum payment. |
| Taylor v O’Connor | N/A | Yes | [1971] AC 115 | N/A | Cited for the principle that a claim for loss of inheritance was allowed for a wife and a daughter who was 18 years old at the time when her father passed away at the age of 53 years. |
| Singapore Bus Service (1978) Ltd v Lim Soon Yong | N/A | Yes | [1985] 2 MLJ 267 | N/A | Cited for the principle that the loss attributable to the cessation of contributions to the CPF forms part of a dependency claim. |
| Lee Wee Hiong & Anor (administrators of the estate of Lee Liak Meng (decd) & Ors v Victor Koh Ah Sai & Ors | N/A | Yes | [1989] SLR 1029 | Singapore | Cited for the principle that the loss attributable to the cessation of contributions to the CPF forms part of a dependency claim. |
| Ang Song Huay v Chu Yong Thiam | High Court | Yes | [1995] SGHC 116 | Singapore | Cited for the principle that the loss attributable to the cessation of contributions to the CPF forms part of a dependency claim. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 57 r 13(2) |
| Rules of Court O 59 r 2(2) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Civil Law Act s 22(1A) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Senior Courts Act 1981 (c 54) (UK) s 51(1) | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Liposuction
- Negligence
- Damages
- Loss of inheritance
- Dependency claim
- Multiplier
- Multiplicand
- Coroner's inquiry fees
- Accelerated receipt
- Vicissitudes of life
- Post-retirement expenses
15.2 Keywords
- Damages
- Negligence
- Liposuction
- Loss of Inheritance
- Dependency Claim
- Coroner's Inquiry
- Medical Malpractice
17. Areas of Law
16. Subjects
- Damages
- Civil Procedure
- Personal Injury
- Medical Negligence
- Family Law