Tan Gek Suan v Lau Kean Wah: Striking Out Pleadings for Lack of Cause of Action in Negligence Claim

Constance Tan and Jessie Tan, daughters of the deceased Tan Geok Lian, sued Dr. Lau Kean Wah for negligence, alleging inadequate professional care. The High Court of Singapore heard Dr. Lau's appeal against the Assistant Registrar's decision, regarding the scope of Section 20 of the Civil Law Act. Justice Choo Han Teck allowed the appeal in part, striking out the plaintiffs' claim for damages and aggravated damages, finding they failed to plead a valid cause of action as non-dependent daughters. The court allowed the plaintiffs to amend their claim for bereavement and funeral expenses.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court struck out portions of the plaintiffs' claim against the defendant, a cardiologist, for failing to plead a valid cause of action under the Civil Law Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Constance Tan Gek SuanPlaintiffIndividualClaim for damages and aggravated damages struck outLost
Jessie Tan Gek ChooPlaintiffIndividualClaim for damages and aggravated damages struck outLost
Lau Kean WahDefendant, AppellantIndividualAppeal Allowed in PartPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Carolyn Tan Beng HuiTan & Au LLP
Tony Au Thye ChuenTan & Au LLP
Priscilla Wee Jia LingDentons Rodyk & Davidson LLP

4. Facts

  1. Plaintiffs are daughters of the deceased, Tan Geok Lian.
  2. Deceased was admitted to Gleneagles Hospital on 22 November 2013.
  3. Defendant, Dr. Lau, was the cardiologist who attended to the deceased.
  4. Deceased died the next day under the care of Dr. Arthur Tan.
  5. Plaintiffs claimed Dr. Lau was negligent in failing to provide adequate professional care.
  6. Plaintiffs admitted they were not financially dependent on their mother.

5. Formal Citations

  1. Tan Gek Suan Constance and another v Lau Kean Wah, Suit No 1226 of 2016(Registrar’s Appeal No 114 of 2017), [2017] SGHC 152

6. Timeline

DateEvent
Tan Geok Lian admitted to Accident & Emergency Department of Gleneagles Hospital
Tan Geok Lian died
Suit filed
Judgment reserved
Judgment issued

7. Legal Issues

  1. Striking Out Pleadings
    • Outcome: The court struck out portions of the statement of claim for failing to plead a valid cause of action and lacking particulars.
    • Category: Procedural
    • Sub-Issues:
      • Failure to plead a valid cause of action
      • Lack of particulars to support claim for damages
  2. Negligence
    • Outcome: The court found that the plaintiffs could not claim for negligence as they were not financially dependent on the deceased and had not pleaded any other loss.
    • Category: Substantive
    • Sub-Issues:
      • Failure to provide adequate professional care
      • Failure to obtain informed consent
  3. Limitation Period
    • Outcome: The court held that the limitation period for personal injury claims in tort had expired, preventing the plaintiffs from commencing a fresh action.
    • Category: Procedural

8. Remedies Sought

  1. Damages
  2. Aggravated Damages
  3. Damages for Bereavement
  4. Funeral Expenses

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Civil Litigation
  • Medical Negligence

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lord Campbell’s ActN/AYesLord Campbell’s Act 1846United KingdomCited as the origin of Section 20 of the Civil Law Act, which creates a cause of action for those financially dependent on the deceased.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, 1999 Rev Ed) s 20Singapore
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore
Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 18 r 19Singapore
Limitation Act (Cap 163, 1996 Rev Ed) s 6(1)(a)Singapore
Limitation Act (Cap 163, 1996 Rev Ed) s 24A(2)(a)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Statement of claim
  • Cause of action
  • Dependency claim
  • Estate claim
  • Wrongful death
  • Limitation period
  • Bereavement
  • Funeral expenses

15.2 Keywords

  • negligence
  • medical negligence
  • wrongful death
  • civil law act
  • limitation
  • pleadings
  • striking out

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Medical Negligence70
Wrongful Death60
Negligence60
Measure of Damages50
Personal Injury50
Professional Negligence50
Torts40
Dependency Claim40
Evidence Law30
Evidence30
Contract Law30
Wills and Probate20
Family Law20
Criminal Law20
Corporate Law20

16. Subjects

  • Civil Law
  • Medical Law
  • Tort