Estate of Lee Rui Feng v Najib Hanuk: Negligence, Government Proceedings Act & Contract Law
The estate of Lee Rui Feng Dominique Sarron sued Najib Hanuk bin Muhammad Jalal, Chia Thye Siong, and the Attorney-General in the High Court of Singapore, alleging negligence and breach of contract related to Lee's death during a Singapore Armed Forces training exercise on 17 April 2012. The plaintiff claimed D1 and D2 were negligent and the AG breached a contract of service. The court allowed the defendants' applications to strike out the claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Applications allowed and the plaintiff's suit dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Estate of Lee Rui Feng sued for negligence and breach of contract after his death during military training. The court struck out the claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Estate of Lee Rui Feng Dominique Sarron, deceased | Plaintiff | Trust | Claim Dismissed | Dismissed | Irving Choh Thian Chee, Kor Wan Wen Melissa |
| Najib Hanuk bin Muhammad Jalal | Defendant | Individual | Judgment for Defendant | Won | Ragbir Singh s/o Ram Singh Bajwa |
| Chia Thye Siong | Defendant | Individual | Judgment for Defendant | Won | Goh Eng Yau Laurence |
| Attorney-General | Defendant | Government Agency | Judgment for Defendant | Won | Jeyendran s/o Jeyapal, Lam Qian Yi Debra |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Irving Choh Thian Chee | Optimus Chambers LLC |
| Kor Wan Wen Melissa | Optimus Chambers LLC |
| Ragbir Singh s/o Ram Singh Bajwa | Bajwa & Co |
| Goh Eng Yau Laurence | Laurence Goh Eng Yau & Co |
| Jeyendran s/o Jeyapal | Attorney-General’s Chambers |
| Lam Qian Yi Debra | Attorney-General’s Chambers |
4. Facts
- Mr. Lee enlisted in the SAF on 8 November 2011 and was posted to the 3rd battalion of the Singapore Infantry Regiment in January 2012.
- Mr. Lee had been diagnosed with asthma and wore a blue band around his wrist to indicate his condition.
- On 17 April 2012, Mr. Lee participated in a military training exercise.
- During the exercise, Mr. Lee experienced breathing difficulties after the discharge of six smoke canisters by D1.
- Mr. Lee collapsed and lost consciousness during the exercise.
- Mr. Lee was pronounced dead on 17 April 2012 at the National University Hospital.
- The Minister for Finance issued a certificate under s 14(1)(b) of the GPA, treating Mr. Lee's death as attributable to service.
5. Formal Citations
- Estate of Lee Rui Feng Dominique Sarron, deceased v Najib Hanuk bin Muhammad Jalal and others, Suit No 311 of 2015, [2016] SGHC 119
6. Timeline
| Date | Event |
|---|---|
| Mr. Lee enlisted in the SAF. | |
| Mr. Lee was posted to the 3rd battalion of the Singapore Infantry Regiment. | |
| Mr. Lee participated in the Exercise and collapsed. | |
| Mr. Lee was transported to the National University Hospital. | |
| Mr. Lee was pronounced dead. | |
| The Minister for Defence apprised Parliament on the Ministry of Defence’s investigation into the incident. | |
| The Minister for Finance issued a certificate under s 14(1)(b) of the GPA. | |
| The Minister for Defence reported the findings of the COI to Parliament. | |
| A coroner’s inquiry was conducted. | |
| A coroner’s inquiry was conducted. | |
| The State Coroner issued a Coroner’s Certificate. | |
| The plaintiff commenced Suit 311/2015 against the defendants. | |
| A pre-trial conference was held. | |
| Hearing date. | |
| The court heard and allowed the Applications, and delivered oral grounds. | |
| Detailed grounds of decision issued. |
7. Legal Issues
- Negligence
- Outcome: The court found that Section 14(1) of the Government Proceedings Act absolved the defendants of tortious liability.
- Category: Substantive
- Breach of Contract
- Outcome: The court found that no contract of service existed between Mr. Lee and the SAF.
- Category: Substantive
8. Remedies Sought
- Damages
- Costs of Mr. Lee’s tomb
- Interests
- Costs
9. Cause of Actions
- Negligence
- Breach of Contract
10. Practice Areas
- Civil Litigation
11. Industries
- Government and Defence
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | High Court | Yes | [1997] 3 SLR(R) 649 | Singapore | Cited for the test of whether a claim should be struck out under O 18 r 19(1)(a). |
| The “Bunga Melati 5” | Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited for the court's consideration of whether the action being brought is plainly or obviously unsustainable. |
| Public Prosecutor v Low Kok Heng | High Court | Yes | [2007] 4 SLR(R) 183 | Singapore | Cited for the mandate of Section 9A of the Interpretation Act to prefer a statutory interpretation that would promote the purpose or object of the written law. |
| AHQ v Attorney-General and another appeal | Court of Appeal | Yes | [2015] 4 SLR 760 | Singapore | Cited for background on the removal of the Crown’s immunity against suit. |
| Abdul Rahman v Attorney-General | High Court | Yes | [1985–1986] SLR(R) 705 | Singapore | Cited regarding the insertion of sub-s (1)(a)(ii)(B) into s 14 in response to the decision of the High Court. |
| Sakinas Sdn Bhd v Siew Yik Hau and another | Unknown | Yes | [2002] 5 MLJ 498 | Malaysia | Cited to contend that mandatory contracts under statutory legislation did exist. |
| Yap Yew Cheong and another v Dirga Niaga (Selangor) Sdn Bhd | Unknown | Yes | [2005] 7 MLJ 660 | Malaysia | Cited to contend that mandatory contracts under statutory legislation did exist. |
| Gay Choon Ing v Loh Sze Ti Terence Peter and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited for the definition of an offer and an acceptance. |
| Chwee Kin Keong and others v Digilandmall.com Pte Ltd | High Court | Yes | [2004] 2 SLR(R) 594 | Singapore | Cited for the modern approach in contract law requiring little to find the existence of valid consideration. |
| PQR v STR | Unknown | Yes | [1992] 3 SLR(R) 744 | Singapore | Cited concerning the nature of national service. |
| Quinn v Ministry of Defence | Unknown | Yes | [1998] PIQR 387 | United Kingdom | Cited for the position in the United Kingdom that no contractual relationship of employment exists between a serviceman in the armed forces and the Crown. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Government Proceedings Act (Cap 121, 1985 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Singapore Armed Forces (Pensions) Regulations (Cap 295, Rg 9, 2001 Rev Ed) | Singapore |
| Enlistment Act (Cap 93, 2001 Rev Ed) | Singapore |
| Singapore Armed Forces Act (Cap 295, 2000 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Republic of Singapore Independence Act 1965 (Act 9 of 1965) | Singapore |
| Government Proceedings (Amendment) Act 1966 (Act 20 of 1966) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Training Safety Regulations
- Government Proceedings Act
- Enlistment Act
- Singapore Armed Forces
- Smoke canisters
- National service
- Contract of service
- Negligence
- Full-time national serviceman
15.2 Keywords
- Negligence
- Breach of contract
- National service
- Singapore Armed Forces
- Military training
- Government Proceedings Act
16. Subjects
- Tort Law
- Contract Law
- Military Law
- Civil Procedure
17. Areas of Law
- Tort
- Negligence
- Contract Law
- Government Proceedings Act