Noor Azlin v Changi General Hospital: Negligence Claim & Costs Allocation

In a civil suit between Noor Azlin Binte Abdul Rahman and Changi General Hospital Pte Ltd and others, the High Court of Singapore, on 21 June 2018, ruled on the allocation of costs following a judgment where the defendants were found not liable for negligence. The court ordered the plaintiff to pay the defendants' costs, including an uplift for an Offer to Settle, determining specific amounts for the hospital and the doctors involved.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff to pay the defendants’ costs of the action on an indemnity basis from the date of service of the Offer to Settle, with a 5% uplift.

1.3 Case Type

Civil

1.4 Judgment Type

Supplementary Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court allocates costs in a negligence claim after dismissing the plaintiff's case against Changi General Hospital and others.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Noor Azlin Binte Abdul RahmanPlaintiffIndividualCosts to be paid to defendantsLost
Changi General Hospital Pte LtdDefendantCorporationCosts awardedWon
Imran Bin Mohamed NoorDefendantIndividualCosts awardedWon
Yap HsiangDefendantIndividualCosts awardedWon
Soh Wei Wen, JasonDefendantIndividualCosts awardedWon

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Vijay Kumar RaiEngelin Teh Practice LLC
Kuah Boon ThengLegal Clinic LLC
Samantha OeiLegal Clinic LLC
Karen YongLegal Clinic LLC
Audrey SimDentons Rodyk & Davison LLP
Lek Siang PhengDentons Rodyk & Davison LLP
Vanessa LimDentons Rodyk & Davison LLP
Yvonne OngDentons Rodyk & Davison LLP

4. Facts

  1. The substantive judgment found in favor of the defendants on the issue of liability.
  2. The plaintiff argued costs should be awarded to her because a duty of care and breach were established.
  3. The defendants made a Joint Offer to Settle for $300,000 before trial, which the plaintiff rejected.
  4. The defendants sought costs on an indemnity basis from the date of service of the Offer to Settle.
  5. The court determined costs and did not send the matter for taxation.
  6. The court found the Offer to Settle was valid despite being silent on costs.
  7. The court granted a 5% uplift on fixed costs due to the lateness of the Offer to Settle.

5. Formal Citations

  1. Noor Azlin Bte Abdul Rahman v Changi General Hospital Pte Ltd and others, Suit No 59 of 2015, [2018] SGHC 146

6. Timeline

DateEvent
Joint Offer to Settle filed and served
Trial began
Judgment reserved
Judgment issued

7. Legal Issues

  1. Allocation of Costs
    • Outcome: The court ordered the plaintiff to pay the defendants' costs of the action on an indemnity basis from the date of service of the Offer to Settle, with a 5% uplift.
    • Category: Procedural
  2. Offer to Settle
    • Outcome: The court found the Offer to Settle to be valid and applicable for determining costs.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Litigation

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Noor Azlin Bte Abdul Rahman v Changi General Hospital Pte Ltd and othersHigh CourtYes[2018] SGHC 35SingaporeRefers to the substantive judgment where the court found in favour of the defendants on the issue of liability.

13. Applicable Rules

Rule Name
Order 22A r 9 of the Rules of Court
Order 22A r 10 of the Rules of Court
O 22A r 9(2)(b)
O 22A r 8

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Offer to Settle
  • Indemnity Basis
  • Uplift
  • Taxation
  • Joint Offer
  • Duty of Care
  • Breach of Duty
  • Causation

15.2 Keywords

  • costs
  • offer to settle
  • negligence
  • medical negligence
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Costs90
Civil Practice75
Civil Procedure75
Offer to Settle75
Negligence40

16. Subjects

  • Civil Procedure
  • Costs
  • Offer to Settle