Ting Jun Heng v Yap Kok Hua: Negligence & Contributory Negligence in Road Accident
In Ting Jun Heng v Yap Kok Hua, the Singapore High Court addressed negligence claims following a traffic accident. The plaintiff, Ting Jun Heng, sued the first defendant, Yap Kok Hua (taxi driver), and the second defendant, Ng Li Ning, for damages resulting from a collision at a discretionary right turn. The court found the first defendant primarily liable for making an unsafe turn and the second defendant liable for speeding and failing to keep a proper lookout. The court apportioned liability 65% to the first defendant and 35% to the second defendant. The court found the plaintiff was not contributorily negligent.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiff; liability apportioned 65% to the first defendant and 35% to the second defendant. Plaintiff not contributorily negligent.
1.3 Case Type
Civil
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on negligence claims arising from a traffic accident, apportioning liability between drivers and addressing contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ting Jun Heng | Plaintiff | Individual | Judgment for Plaintiff | Won | Ramasamy s/o Karuppan Chettiar |
| Yap Kok Hua | Defendant | Individual | Liability Apportioned | Lost | Teo Weng Kie, Shahira Binte Mohd Anuar |
| Ng Li Ning | Defendant | Individual | Liability Apportioned | Lost | Wee Anthony, Fendrick Koh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramasamy s/o Karuppan Chettiar | Central Chambers Law Corporation |
| Teo Weng Kie | Tan Kok Quan Partnership |
| Shahira Binte Mohd Anuar | Tan Kok Quan Partnership |
| Wee Anthony | United Legal Alliance LLC |
| Fendrick Koh | United Legal Alliance LLC |
4. Facts
- The plaintiff was a passenger in a taxi driven by the first defendant.
- The taxi was making a discretionary right turn at a junction.
- The taxi was hit by a vehicle driven by the second defendant, who was going straight through the junction.
- The traffic lights were in favor of the second defendant.
- The second defendant was exceeding the speed limit.
- The first defendant pleaded guilty to charges related to the accident.
- The plaintiff claimed damages for negligence against both defendants.
5. Formal Citations
- Ting Jun Heng v Yap Kok Hua and another, Suit No 307 of 2019, [2020] SGHC 211
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Suit filed (Suit No 307 of 2019) | |
| Trial began (16–19 June) | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Negligence
- Outcome: The court found both defendants negligent in their respective actions, contributing to the accident.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Speeding
- Breach of duty of care
- Related Cases:
- [2007] 2 SLR(R) 211
- [2005] 2 SLR(R) 455
- Contributory Negligence
- Outcome: The court found that the plaintiff was not contributorily negligent.
- Category: Substantive
- Sub-Issues:
- Failure to wear a seatbelt
- Related Cases:
- [1976] QB 286
- [1999] 3 SLR(R) 377
- Apportionment of Liability
- Outcome: The court apportioned liability 65% to the first defendant and 35% to the second defendant.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
- Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| SBS Transit Ltd v Stafford Rosemary Anne Jane (administratrix of the estate of Anthony John Stafford, deceased) | Court of Appeal | Yes | [2007] 2 SLR(R) 211 | Singapore | Cited for the principle that drivers must exercise due care even when having the right of way. |
| Ong Bee Nah v Won Siew Wan (Yong Tian Choy, third party) | Court of Appeal | Yes | [2005] 2 SLR(R) 455 | Singapore | Cited to emphasize that the specific facts of each case are important in determining liability in negligence claims. |
| Froom v Butcher | Queen's Bench | Yes | [1976] QB 286 | England and Wales | Cited for the principle that contributory negligence applies to the damages that flow from an accident, not just the accident itself. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited for approving the principle in Froom v Butcher regarding contributory negligence and its effect on damages. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discretionary right turn
- Apportionment of liability
- Contributory negligence
- Speeding
- Duty of care
- Proper lookout
15.2 Keywords
- Negligence
- Traffic accident
- Contributory negligence
- Apportionment
- Singapore
- High Court
16. Subjects
- Tort Law
- Negligence Law
- Motor Vehicle Accidents
17. Areas of Law
- Tort
- Negligence
- Contributory Negligence
- Civil Procedure