Yap Boon Fong Yvonne v Wong Kok Mun Alvin: Damages Assessment for Road Accident & Loss of Earnings

In Yap Boon Fong Yvonne v Wong Kok Mun Alvin, the Court of Appeal of Singapore heard cross-appeals regarding the High Court's assessment of damages suffered by Ms. Yap following a road traffic accident. Ms. Yap, who had left her job to start a business, claimed pre-trial and post-trial losses. The court replaced the award for pre-trial loss of earning capacity with an award for pre-trial loss of earnings and affirmed the award for post-trial loss of earning capacity.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal allowed in part. The award for pre-trial loss of earning capacity was replaced with an award for pre-trial loss of earnings. The award for post-trial loss of earning capacity was affirmed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages assessment after a road accident. The court addressed pre-trial loss of earnings and earning capacity for a start-up owner.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yap Boon Fong Yvonne (Ye Wenfeng Yvonne)Appellant, RespondentIndividualAppeal dismissed in partPartial
Wong Kok Mun AlvinRespondent, AppellantIndividualAppeal allowed in partPartial
Lim Chuah HengRespondent, AppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJudge of AppealYes
Belinda Ang Saw EanJudgeNo

4. Counsels

Counsel NameOrganization
Pang Khin WeeHoh Law Corporation
Margaret Neo Kee HengHoh Law Corporation
Low Huai PinTan Kok Quan Partnership
Narayanan RamasamyTan Kok Quan Partnership
Shahira AnuarTan Kok Quan Partnership

4. Facts

  1. Ms. Yap was injured in a road traffic accident on 12 July 2011.
  2. At the time of the accident, Ms. Yap was a partner in Resources XP, providing accounting and IT services.
  3. Prior to joining Resources XP, Ms. Yap was a finance manager at J Walter Thompson (JWT) with a monthly salary of $6,300.
  4. Ms. Yap commenced an action against Mr. Wong and Mr. Lim for damages.
  5. The Judge awarded Ms. Yap $265,000 for pre-trial loss of earning capacity and $80,000 for post-trial loss of earning capacity.
  6. Ms. Yap appealed, contending that the Judge erred in rejecting her primary submission for pre-trial loss of earnings.
  7. Mr. Wong and Mr. Lim cross-appealed, submitting that the Judge erred in awarding damages for pre-trial loss of earning capacity.

5. Formal Citations

  1. Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another, Civil Appeal No 33 of 2018, [2018] SGCA 80
  2. Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another, Civil Appeal No 35 of 2018, [2018] SGCA 80
  3. Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another, , [2018] SGHC 26

6. Timeline

DateEvent
Accident occurred
Reconstructive surgery to achieve equalisation of her shortened tibia
Surgical procedures lasted until July 2014
Ms Yap commenced action against Mr Wong and Mr Lim
Interlocutory judgment in default of appearance was entered against Mr Wong
Trial on assessment of damages heard over five days in end-March and early April 2017
Judgment reserved
Judgment

7. Legal Issues

  1. Pre-trial Loss of Earning Capacity
    • Outcome: The court held that Singapore law does not recognize a claim for general damages for pre-trial loss of earning capacity.
    • Category: Substantive
    • Related Cases:
      • [2013] SGHCR 17
      • [2010] 3 SLR 587
      • [1994] 1 SLR(R) 340
      • [1977] 1 All ER 9
      • [1996] 2 SLR(R) 420
      • [2003] 1 SLR(R) 333
      • [1956] AC 185
      • (1985) 182 CLR 1
      • [1989] 2 SCR 750
      • [2003] 3 SLR(R) 601
      • [2008] 1 SLR(R) 178
      • [2010] 3 SLR 697
      • [1994] SGHC 15
      • [2016] SGHC 41
      • [2017] 2 SLR 229
      • [2013] SGHC 104
      • (1974) 17 KIR 1
      • [2003] 2 SLR(R) 538
      • [2004] SGDC 234
  2. Pre-trial Loss of Earnings
    • Outcome: The court awarded damages for pre-trial loss of earnings based on Ms. Yap's last-drawn salary at JWT and the earnings that the Start-up did in fact make from 2011 onwards.
    • Category: Substantive
    • Related Cases:
      • [1996] 2 SLR(R) 420
      • [2003] 1 SLR(R) 333
      • [2010] 3 SLR 697
  3. Post-trial Loss of Earning Capacity
    • Outcome: The court affirmed the Judge’s award of $80,000 in damages for post-trial loss of earning capacity.
    • Category: Substantive
    • Related Cases:
      • [2010] 3 SLR 587
      • (1974) 17 KIR 1
      • [2017] 2 SLR 229
  4. Admissibility of Opinion Evidence
    • Outcome: The court held that the Judge did not err in admitting Ms Yap’s forecasts as opinion evidence under s 32B(3) of the Evidence Act.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Commercial Litigation
  • Personal Injury Litigation

11. Industries

  • Accounting
  • Information Technology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chang Mui Hoon v Lim Bee LengHigh CourtYes[2013] SGHCR 17SingaporeCited as the only precedent in local jurisprudence that recognizes pre-trial loss of earning capacity as a compensable head of loss.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the clarification of the concepts of loss of earnings and loss of earning capacity.
Teo Sing Keng v Sim Ban KiatUnknownYes[1994] 1 SLR(R) 340SingaporeCited when describing the concept of loss of earning capacity, the courts consistently refer to the risk of “future” loss
Moeliker v A Reyrolle and Co LtdUnknownYes[1977] 1 All ER 9England and WalesCited when describing the concept of loss of earning capacity, the courts consistently refer to the risk of “future” loss
Wee Sia Tian v Long Thik BoonUnknownYes[1996] 2 SLR(R) 420SingaporeCited for the principle that claims for pre-trial loss of earnings are treated as claims for special damages which attract the requirement that the plaintiff must provide strict proof of actual loss
Teo Seng Kiat v Goh Hwa TeckUnknownYes[2003] 1 SLR(R) 333SingaporeCited for the principle that claims for pre-trial loss of earnings are treated as claims for special damages which attract the requirement that the plaintiff must provide strict proof of actual loss
British Transport Commission v GourleyHouse of LordsYes[1956] AC 185United KingdomCited for the distinctions between pre-trial and post-trial loss, and between general and special damages
Medlin v State Government Insurance CommissionHigh Court of AustraliaYes(1985) 182 CLR 1AustraliaCited to explain that in Australia, a plaintiff is compensated for loss of earning capacity, not loss of earnings
Watkins v OlafsonSupreme Court of CanadaYes[1989] 2 SCR 750CanadaCited to explain that the Canadian courts take the same approach as the Australian courts, in that they only recognise claims for loss of earning capacity – and not loss of earnings
Nirumalan V Kanapathi Pillay v Teo Eng ChuanHigh CourtYes[2003] 3 SLR(R) 601SingaporeCited as an instance where a claim for pre-trial loss of earning capacity was pleaded and dismissed by the High Court.
Tan Siew Bin Ronnie v Chin Wee KeongHigh CourtYes[2008] 1 SLR(R) 178SingaporeCited as an instance where a claim for pre-trial loss of earning capacity was pleaded and dismissed by the High Court.
Zaiton Bee Bee bte Abdul Majeed v Chan Poh TeongUnknownYes[2010] 3 SLR 697SingaporeCited as an example of the court awarding special damages for pre-trial loss of earnings despite the inherent difficulties in quantifying the loss incurred by the plaintiff prior to the date of trial
Ariffin bin Omar v Goh Beng Kee and AnotherHigh CourtYes[1994] SGHC 15SingaporeCited for the principle that the degree of particularity required for special damages will depend upon the facts of each case.
Rahman Lutfar v Scanpile Constructors Pte Ltd and anotherHigh CourtYes[2016] SGHC 41SingaporeCited for the principle that the requirement of strict proof for special damages does not mean that the the plaintiff must meet a higher legal burden of proof than a balance of probabilities, only that the loss must be specially pleaded and proved
Quek Yen Fei Kenneth (by his litigation representative Pang Choy Chun) v Yeo Chye Huat and another appealUnknownYes[2017] 2 SLR 229SingaporeCited for the principle that wage reports such as the MOM Survey must be regarded with caution
Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck AnnHigh CourtYes[2013] SGHC 104SingaporeCited for the principle that wage reports such as the MOM Survey must be regarded with caution
Smith v Manchester CorporationUnknownYes(1974) 17 KIR 1England and WalesCited for the principle that loss of earning capacity refers to “the weakening of a plaintiff’s competitive position in the open labour market
Koh Soon Pheng v Tan Kah EngUnknownYes[2003] 2 SLR(R) 538SingaporeCited by Ms. Yap as a precedent in support of their position.
Wong Kim Lan v Christie KolandasamyDistrict CourtYes[2004] SGDC 234SingaporeCited by Mr. Wong and Mr. Lim as a precedent in support of their position.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act (Cap 97, 1997 Rev Ed) s 32B(3)Singapore
Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 18 r 12(1A)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Loss of earnings
  • Loss of earning capacity
  • Pre-trial loss
  • Post-trial loss
  • Special damages
  • General damages
  • Start-up
  • Medical leave
  • Permanent incapacity
  • Multiplier-multiplicand approach

15.2 Keywords

  • Road accident
  • Damages assessment
  • Loss of earnings
  • Loss of earning capacity
  • Singapore
  • Civil appeal

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law90
Damages Assessment85
Assessment of Damages80
Damages80
Personal Injury75
Automobile Accidents70
Measure of Damages70
Civil Procedure50
Judgments and Orders40
Appeal30
Costs20

16. Subjects

  • Damages
  • Personal Injury
  • Civil Litigation