Xie Weiwei v Long Hui Construction: Appeal on Order for Medical Examination in Personal Injury Claim
Xie Weiwei and Gao Weiqiang, the appellants, appealed against the decision of the District Judge, which upheld the Deputy Registrar's order for them to undergo medical examinations by the respondents' nominated experts. The appeals arose from separate District Court suits (DC Suit No 2386 of 2017 and DC Suit No 2115 of 2016) where Xie and Gao sued Long Hui Construction Pte Ltd, Straits Construction Singapore Private Limited and Chip Eng Seng Contractors (1988) Pte Ltd respectively for damages due to work-related injuries. The High Court dismissed both appeals, finding the medical examinations reasonable given the changed medical circumstances and potential impact on damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a medical examination order in a personal injury claim. The court upheld the order, finding it reasonable for the respondents to seek an expert opinion.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Xie Weiwei | Appellant, Plaintiff | Individual | Appeal Dismissed | Lost | Belinder Kaur Nijar |
| Long Hui Construction Pte Ltd | Respondent, Defendant | Corporation | Appeal Dismissed | Won | Charles Phua Cheng Sye, Herman Lee |
| Straits Construction Singapore Private Limited | Respondent, Defendant | Corporation | Appeal Dismissed | Won | Charles Phua Cheng Sye, Herman Lee |
| Gao Weiqiang | Appellant, Plaintiff | Individual | Appeal Dismissed | Lost | Belinder Kaur Nijar |
| Chip Eng Seng Contractors (1988) Pte Ltd | Respondent, Defendant | Corporation | Appeal Dismissed | Won | Charles Phua Cheng Sye, Herman Lee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Belinder Kaur Nijar | Hoh Law Corporation |
| Charles Phua Cheng Sye | ComLaw LLC |
| Herman Lee | ComLaw LLC |
4. Facts
- Xie Weiwei was injured at work on 8 November 2016 when scaffolding fell on his left hand.
- Xie Weiwei sued his employers, Long Hui Construction Pte Ltd and Straits Construction Singapore Private Limited, for damages.
- Gao Weiqiang sued Chip Eng Seng Contractors (1988) Pte Ltd for damages arising from an accident at work.
- The respondents requested that the appellants be examined by their nominated medical experts after receiving medical reports indicating more serious injuries.
- The appellants rejected the respondents' requests for medical examinations.
- The Deputy Registrar of the State Court allowed the respondents' applications for medical examinations.
- The District Judge dismissed the appellants' appeals against the Deputy Registrar's decision.
5. Formal Citations
- Xie Weiwei v Long Hui Construction Pte Ltd and another and another appeal, , [2018] SGHC 185
6. Timeline
| Date | Event |
|---|---|
| Appellant Xie Weiwei injured in accident | |
| Medical examination of Xie Weiwei | |
| Gao Weiqiang sued in DC Suit No 2115 of 2016 | |
| Doctor reported Xie Weiwei was able to make a full grip | |
| Medical report on Xie Weiwei | |
| Xie Weiwei sued his employer for damages in DC Suit No 2386 of 2017 | |
| Xie Weiwei examined by Dr Lee Soon Tai | |
| Preliminary hearing on the indication of quantum | |
| Offer made to Xie Weiwei rejected | |
| Respondents requested Xie Weiwei be examined by an expert | |
| Hearing fixed before Choo Han Teck J | |
| Appeals dismissed |
7. Legal Issues
- Order of medical examination
- Outcome: The court upheld the decision to allow the respondents' application for a medical examination of the appellants.
- Category: Procedural
8. Remedies Sought
- Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Medical examination
- Complex Regional Pain Syndrome
- CRPS
- Personal injury
- Assessment of damages
15.2 Keywords
- Medical examination
- Personal injury
- Workplace accident
- Singapore High Court
- Civil procedure
16. Subjects
- Civil Procedure
- Personal Injury
17. Areas of Law
- Civil Procedure
- Personal Injury Law