Taishan Sports Engineering v Sivalingam Pragadesh: Appeal of Work Injury Compensation Decision

Taishan Sports Engineering Pte Ltd appealed to the High Court of Singapore against an assistant commissioner's decision ordering them to pay $86,220 in compensation and costs to their employee, Sivalingam Pragadesh Vinoth, under the Work Injury Compensation Act for injuries sustained during employment. Lee Seiu Kin J dismissed the appeal, citing the employer's liability under the Act and the applicant's failure to deposit the awarded compensation as required by law. The court ordered Taishan Sports Engineering Pte Ltd to pay the respondent costs of $5,000.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning work injury compensation. The court dismissed the appeal, emphasizing the employer's liability under the Work Injury Compensation Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Taishan Sports Engineering Pte LtdApplicantCorporationAppeal DismissedLost
Sivalingam Pragadesh VinothRespondentIndividualJudgment for RespondentWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Muhammad Fadli Bin Mohammed FawziI.R.B Law LLP

4. Facts

  1. The Respondent was injured on 21 June 2016 while handling heavy items for the Applicant.
  2. The Ministry of Manpower assessed the Applicant liable to pay $81,220 to the Respondent.
  3. The Applicant objected to the assessment.
  4. The AC ordered the Applicant to pay $86,220 to the Respondent on 22 June 2018.
  5. The Applicant appealed the AC's decision.
  6. The Applicant did not deposit the compensation amount with the Commissioner as required by s 29(3) of the Act.
  7. The Applicant's representative applied for an adjournment on the day of the hearing.

5. Formal Citations

  1. Taishan Sports Engineering Pte Ltd v Sivalingam Pragadesh Vinoth, Tribunal Appeal No 11 of 2018, [2019] SGHC 123

6. Timeline

DateEvent
Respondent injured in the course of handling heavy items
Ministry of Manpower issued a notice of assessment
Hearings conducted by the AC began
Hearings conducted by the AC continued
AC ordered the Applicant to pay $86,220 to the Respondent
Deadline for Applicant to deposit compensation with the Commissioner
Applicant filed originating summons to appeal AC's decision
Pre-trial conference conducted by the Registry
Pre-trial conference conducted by the Registry
Notes of evidence of the hearings conducted by the AC were available
Pre-trial conference conducted by the Registry
Grounds of decision were available; Pre-trial conference conducted by the Registry
Pre-trial conference conducted by the Registry
Pre-trial conference conducted by the Registry; counsel for the Applicant informed the court that he would be making an application to adduce further evidence at the appeal
Pre-trial conference conducted by the Registry; counsel for the Applicant informed the court that he would be suspended from practice from 1 April 2019
Applicant filed summons no 638 of 2019
AR Gan dismissed the application with costs fixed at $4,000 plus disbursements
Pre-trial conference conducted by the Registry
Appeal heard before Lee Seiu Kin J
Date of judgment

7. Legal Issues

  1. Application for Adjournment
    • Outcome: The court refused the application for adjournment.
    • Category: Procedural
  2. Work Injury Compensation
    • Outcome: The court found the employer liable under the Work Injury Compensation Act.
    • Category: Substantive

8. Remedies Sought

  1. Appeal of Compensation Order

9. Cause of Actions

  • Work Injury Compensation Claim

10. Practice Areas

  • Personal Injury
  • Litigation

11. Industries

  • Sports Engineering

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Work Injury Compensation Act (Cap 354, 2009 Rev Ed)Singapore
s 29(3) of the Work Injury Compensation ActSingapore
s 3(4) of the Work Injury Compensation ActSingapore
s 29(1) of the Work Injury Compensation ActSingapore
s 29(2A) of the Work Injury Compensation ActSingapore
s 3(1) of the Work Injury Compensation ActSingapore
s 33 of the Work Injury Compensation ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Work Injury Compensation Act
  • Adjournment
  • Deposit of Compensation
  • Course of Employment

15.2 Keywords

  • Work Injury
  • Compensation
  • Appeal
  • Employment Law

17. Areas of Law

Area NameRelevance Score
Employment Law95
Work Injury Compensation90
Personal Injury70
Application for Adjournment60
Civil Procedure50
Judgments and Orders30

16. Subjects

  • Employment
  • Compensation
  • Appeals