Rockwills Trustee Ltd v Wong Meng Hang: Medical Negligence, Liposuction Death & Loss of Inheritance Claim
In Rockwills Trustee Ltd v Wong Meng Hang, the High Court of Singapore addressed the taxation of costs following a medical negligence suit (Suit 165/2011) brought by Rockwills Trustee Ltd, as administrators of the estate of Franklin Heng Ang Tee, against Wong Meng Hang, Zhu Xiu Chuan, and Reves Clinic Pte Ltd. The suit arose from a liposuction procedure that resulted in Heng's death. After the respondents conceded liability, the court assessed damages, initially awarding $5,323,253.58, later reduced to $3,293,652.50 on appeal. The court taxed the Bill of Costs, addressing disputes over Section 1 (costs), Section 2 (costs), and Section 3 (disbursements), reducing the claimed amounts based on considerations of complexity, novelty, and proportionality.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Bill of Costs taxed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Medical negligence suit for liposuction death. Court assessed costs after damages awarded for loss of inheritance claim under Civil Law Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rockwills Trustee Ltd | Applicant | Corporation | Bill of Costs taxed | Partial | Kuah Boon Theng, Chain Xiao Jing Felicia |
| Wong Meng Hang | Respondent | Individual | Partial | Partial | Melvin See Hsien Huei |
| Zhu Xiu Chuan @ Myint Myint Kyi | Respondent | Individual | Partial | Partial | Edward Leong |
| Reves Clinic Pte Ltd | Respondent | Corporation | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| James Elisha Lee | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kuah Boon Theng | Legal Clinic LLC |
| Chain Xiao Jing Felicia | Legal Clinic LLC |
| Melvin See Hsien Huei | Dentons Rodyk & Davidson LLP |
| Edward Leong | MyintSoe & Selvaraj |
4. Facts
- Rockwills Trustee Ltd sued as administrators of the estate of Franklin Heng Ang Tee.
- The suit was against Wong Meng Hang, Zhu Xiu Chuan, and Reves Clinic Pte Ltd for medical negligence.
- The negligence related to a liposuction procedure resulting in Heng's death.
- Default judgment was entered against Reves Clinic.
- Interlocutory judgment was entered against the Respondents after they conceded liability.
- The judge awarded damages amounting to $5,323,253.58 in favor of the Applicant.
- On appeal, the amount of damages was reduced to $3,293,652.50.
5. Formal Citations
- Rockwills Trustee Ltd v Wong Meng Hang, Bill of Costs No 157 of 2018, [2018] SGHCR 16
6. Timeline
| Date | Event |
|---|---|
| Default judgment entered against Reves Clinic | |
| Interlocutory judgment entered against the Respondents | |
| Judgment awarding damages of $5,323,253.58 | |
| Damages reduced to $3,293,652.50 by Court of Appeal | |
| Court directed costs to be taxed on the standard basis | |
| Applicant filed the Bill of Costs | |
| Respondents filed Notice of Dispute | |
| Respondents filed Notice of Dispute | |
| Substantive arguments heard | |
| Further arguments heard; decision reserved | |
| Judgment reserved |
7. Legal Issues
- Taxation of Costs
- Outcome: The court determined the appropriate amounts for Section 1, Section 2, and Section 3 costs, reducing some of the claimed amounts.
- Category: Procedural
- Sub-Issues:
- Reasonableness of legal fees
- Proportionality of costs
- Necessity of expenses
- Related Cases:
- [2011] 3 SLR 1052
- [2006] 1 SLR(R) 182
- Expert Witness Fees
- Outcome: The court found the expert fees somewhat excessive and taxed off 20% of the claimed amount.
- Category: Procedural
- Sub-Issues:
- Reasonableness of expert fees
- Sufficiency of breakdown of fees
- Related Cases:
- [2015] SGHCR 6
8. Remedies Sought
- Damages
9. Cause of Actions
- Medical Negligence
10. Practice Areas
- Litigation
- Medical Malpractice
- Civil Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lin Jian Wei and another v Lim Eng Hock Peter | Court of Appeal | Yes | [2011] 3 SLR 1052 | Singapore | Cited for the approach to be adopted in taxation proceedings, emphasizing the assessment of complexity, reasonableness, and proportionality of costs. |
| Shorvon Simon v Singapore Medical Council | Court of Appeal | Yes | [2006] 1 SLR(R) 182 | Singapore | Cited for the principle that the court should ascertain the amount of costs allowed for similar cases and justify any departure from the norm. |
| Lim Jun Xi Kaydon (BC NO T0830997Z), A Person Under Disability Suing By His Litigation Representative v Dr Koh Gim Hwee & Anor | N/A | Yes | S 1066/2009 | Singapore | Cited as a precedent taxation case for medical negligence, involving injury suffered by a baby during delivery. |
| Zainab Bte Muhammad, A Person Under Disability, Suing by Her Litigation Representative Azizah D/O Mangarath Mohamed v National HealthCare Group Pte Ltd Trading As Alexandra Hospital & 4 Ors | N/A | Yes | S 433/2006 | Singapore | Cited as a precedent taxation case for medical negligence, involving alleged negligence in tracheostomy care. |
| Trans Eurokars Pte Ltd v Koh Wee Meng | N/A | Yes | [2015] SGHCR 6 | Singapore | Cited for the principle that expert fees can be found excessive and taxed off. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act, Chapter 43 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Taxation of costs
- Bill of costs
- Medical negligence
- Liposuction
- Assessment of damages
- Expert fees
- Loss of inheritance claim
- Interlocutory judgment
- Default judgment
15.2 Keywords
- medical negligence
- liposuction
- death
- costs
- taxation
- damages
- Singapore
- Civil Law Act
- expert fees
- loss of inheritance
16. Subjects
- Civil Procedure
- Medical Law
- Personal Injury
17. Areas of Law
- Civil Procedure
- Costs
- Taxation
- Medical Negligence