Md Shohel v Chen Yongbiao: Negligence, Duty of Care, and Illegality in Workplace Injury Claim
In [2017] SGHC 109, Md Shohel Md Khobir Uddin sued Chen Yongbiao and Dongwu Steel Industry Pte Ltd in the High Court of Singapore, claiming negligence for injuries sustained at a worksite on 21 September 2014. Shohel alleged he was instructed by Chen to move metal plates and fell into a hole. The defendants denied employing Shohel or instructing him to work. The court, presided over by Audrey Lim JC, granted interlocutory judgment for Shohel, awarding 80% of the damages to be assessed, finding the defendants liable for negligence and rejecting their defense of illegality based on Shohel's breach of work permit conditions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Interlocutory judgment granted for the plaintiff to the extent of 80% of the damages, with damages to be assessed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Shohel sued Chen Yongbiao and Dongwu Steel for negligence after an injury at a worksite. The court found the defendants liable for 80% of the damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Md Shohel Md Khobir Uddin | Plaintiff | Individual | Interlocutory judgment granted | Partial | |
| Chen Yongbiao | Defendant | Individual | Liability for 80% of damages | Lost | |
| Dongwu Steel Industry Pte Ltd | Defendant | Corporation | Liability for 80% of damages | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Subbiah Pillai | Tan & Pillai |
| Eu Hai Meng | United Legal Alliance LLC |
4. Facts
- Shohel, a foreign worker, was employed by SPG Marine under a work permit.
- Sujan, Shohel's roommate, arranged for Shohel to work for Chen.
- Chen instructed Shohel and Sujan to move metal plates at a worksite.
- Shohel fell into a hole while carrying a metal plate.
- Shohel was not given a safety briefing or equipment.
- Shohel was working illegally without a valid work permit for the defendants.
- Chen knew Shohel was a work permit holder employed by another company.
5. Formal Citations
- Md Shohel Md Khobir Uddin v Chen Yongbiao and another, Suit No 79 of 2016, [2017] SGHC 109
6. Timeline
| Date | Event |
|---|---|
| Shohel injured at worksite | |
| Suit filed | |
| Trial began | |
| Trial continued | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Negligence
- Outcome: The court found the defendants negligent and liable for 80% of the damages.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Causation
- Contributory negligence
- Duty of Care
- Outcome: The court found that the defendants owed a duty of care to the plaintiff.
- Category: Substantive
- Illegality
- Outcome: The court rejected the defendants' argument that the plaintiff's illegality negated a finding of a duty of care.
- Category: Substantive
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent to the extent of 20%.
- Category: Substantive
8. Remedies Sought
- Damages for personal injuries
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Workplace Injury
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajendran a/l Palany v Dril-Quip Asia Pacific Pte Ltd | Unknown | Yes | [2001] 1 SLR(R) 887 | Singapore | Cited for the principle that pleadings should enable parties to come to court prepared. |
| Cheng William v Allister Lim & Thrumurgan and another and another appeal | Unknown | Yes | [2015] 3 SLR 201 | Singapore | Cited for the principle that pleadings should enable parties to come to court prepared. |
| Ooi Han Sun and another v Bee Hua Meng | Unknown | Yes | [1991] 1 SLR(R) 922 | Singapore | Cited regarding the limited application of ex turpi causa in tort and public policy considerations. |
| Hounga v Allen and another | UK Supreme Court | Yes | [2014] 1 WLR 2889 | United Kingdom | Cited regarding the defence of illegality and public policy in employment claims. |
| Ashton v Turner and another | Unknown | Yes | [1981] 1 QB 137 | England and Wales | Cited regarding ex turpi causa as part of the inquiry into duty of care. |
| Parno v SC Marine Pte Ltd | Unknown | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited for the common law duty of employers to provide competent staff, adequate material, and a proper system and effective supervision. |
| Chandran a/l Subbiah v Dockers Marine Pte Ltd | Unknown | Yes | [2010] 1 SLR 786 | Singapore | Cited for the common law requirement for employers to take reasonable care for the safety of their employees. |
| Sim Cheng Soon v BT Engineering Pte Ltd and another | Unknown | Yes | [2007] 1 SLR(R) 148 | Singapore | Cited for the principle that an employer remains responsible for the safety of employees even at sites controlled by others. |
| Xu Ren Li v Nakano Singapore (Pte) Ltd | Unknown | Yes | [2012] 1 SLR 729 | Singapore | Cited regarding contributory negligence in a construction site accident. |
| Manickam Sankar v Selvaraj Madhavan (trading as MKN Construction & Engineering) and another | High Court | Yes | [2012] SGHC 99 | Singapore | Cited regarding contributory negligence in a workplace fall. |
| Ng Swee Eng (administrator of the estate of Tan Chee Wee, deceased) v Ang Oh Chuan | Unknown | Yes | [2002] 2 SLR(R) 321 | Singapore | Cited for the principle that the defendant bears the onus of establishing contributory negligence. |
| Cheong Ghim Fah and another v Murugian s/o Rangasamy | Unknown | Yes | [2004] 1 SLR(R) 628 | Singapore | Cited regarding the apportionment of liability as an exercise of discretion. |
| Asnah bte Ab Rahman v Li Jianlin | Court of Appeal | Yes | [2016] 2 SLR 944 | Singapore | Cited regarding the apportionment exercise and considerations of causative potency and moral blameworthiness. |
| British Fame (Owners) v MacGregor (Owners) | Unknown | Yes | [1943] AC 197 | United Kingdom | Cited regarding the apportionment exercise. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Duty of care
- Work permit
- Contributory negligence
- Illegality
- Worksite
- Personal injury
- Employment of Foreign Manpower Act
- Ex turpi causa
15.2 Keywords
- negligence
- workplace injury
- foreign worker
- duty of care
- illegality
- contributory negligence
- employment law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 95 |
| Workplace Safety and Health | 80 |
| Personal Injury | 75 |
| Employment Law | 60 |
| Breach of Statutory Duty | 50 |
| Work Injury Compensation | 40 |
| Administrative Law | 30 |
| Contract Law | 25 |
16. Subjects
- Tort Law
- Employment Law
- Workplace Safety