Ng Li Ning v Ting Jun Heng: Apportionment of Liability in Traffic Accident
Ng Li Ning appealed the High Court's decision regarding the apportionment of liability for a traffic accident involving Ng Li Ning (Appellant), Ting Jun Heng (First Respondent), and Yap Kok Hua (Second Respondent). The accident occurred at the intersection of Clementi Road and Commonwealth Avenue West. The Court of Appeal, comprising Tay Yong Kwang JCA, Woo Bih Li JAD, and Quentin Loh JAD, dismissed the appeal, upholding the trial judge's apportionment of liability: 65% to the Taxi driver (Yap Kok Hua) and 35% to the Nissan driver (Ng Li Ning). The court found Ng Li Ning's excessive speed a significant factor in the accident.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding liability apportionment in a traffic accident. The court upheld the trial judge's decision, finding the appellant 35% liable due to excessive speed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Li Ning | Appellant | Individual | Appeal Dismissed | Lost | Anthony Wee, Koh Keh Jang Fendrick |
| Ting Jun Heng | Respondent | Individual | Successful in resisting appeal | Won | Ramasamy s/o Karuppan Chettiar, Simone B Chettiar |
| Yap Kok Hua | Respondent | Individual | Successful in resisting appeal | Won | Teo Weng Kie, Shahira binte Mohd Anuar, Cham Xin Di Cindy |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Woo Bih Li | Judge of the Appellate Division | No |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Wee | Titanium Law Chambers LLC |
| Koh Keh Jang Fendrick | Titanium Law Chambers LLC |
| Ramasamy s/o Karuppan Chettiar | Central Chambers Law Corporation |
| Simone B Chettiar | Central Chambers Law Corporation |
| Teo Weng Kie | Tan Kok Quan Partnership |
| Shahira binte Mohd Anuar | Tan Kok Quan Partnership |
| Cham Xin Di Cindy | Tan Kok Quan Partnership |
4. Facts
- A traffic accident occurred at the intersection of Clementi Road and Commonwealth Avenue West.
- The appellant was driving a Nissan along Commonwealth Avenue West.
- The second respondent was driving a taxi and waiting to turn right into Clementi Road.
- The traffic lights were green in favor of the appellant.
- The second respondent proceeded to turn right, following an unknown vehicle.
- The appellant was traveling above the speed limit.
- The appellant's vehicle collided with the taxi.
5. Formal Citations
- Ng Li Ning v Ting Jun Heng and another, Civil Appeal No 196 of 2020, [2021] SGCA 93
6. Timeline
| Date | Event |
|---|---|
| Traffic accident occurred at the intersection of Clementi Road and Commonwealth Avenue West at approximately 7:30 PM. | |
| Suit 307 of 2019 filed. | |
| Trial Judge's decision set out in Ting Jun Heng v Yap Kok Hua and another [2021] SGHC 44. | |
| Court of Appeal hearing. | |
| Grounds of Decision delivered by the Court of Appeal. |
7. Legal Issues
- Apportionment of Liability
- Outcome: The court upheld the trial judge's apportionment of liability, finding the appellant 35% liable and the second respondent 65% liable.
- Category: Substantive
- Excessive Speed
- Outcome: The court found that the appellant was driving at an excessive speed, contributing to the accident.
- Category: Substantive
- Duty of Care
- Outcome: The court found that both drivers had a duty of care to other road users, and that both breached that duty.
- Category: Substantive
8. Remedies Sought
- Review of Apportionment of Liability
- Costs
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
- Appeals
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ting Jun Heng v Yap Kok Hua and another | High Court | Yes | [2021] SGHC 44 | Singapore | Cited as the decision of the trial judge being appealed. |
| 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 a motorist approaching an intersection must prepare for the possibility that another driver will turn before they clear the intersection. |
| Chai Yew Cian v Yeoh Yeow Yee and others | High Court | Yes | [2015] SGHC 124 | Singapore | Cited for the principle that a driver with the right of way has a duty to take care to avoid the consequences of other road users' mistakes. |
| Joo Yong Co (Pte) Ltd and another v Gajentheran Marimuthu (by his mother and next friend Parai a/p Palaniappan) and others | Court of Appeal | Yes | [2015] SGCA 38 | Singapore | Distinguished on the facts; the court found the factual situation in Joo Yong Co not indistinguishable from the facts of the present case. |
| Goh Sin Huat Electrical Pte Ltd v Ho See Jui (trading as Xuanhua Art Gallery) and another | Court of Appeal | Yes | [2012] 3 SLR 1038 | Singapore | Cited for the principle that apportionment of liability in negligence is a fact-sensitive balance and that the trial Judge who has heard the evidence is exercising an apportionment of a discretionary nature. |
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
- Apportionment of Liability
- Contributory Negligence
- Discretionary Right Turn
- Traffic Accident
- Speeding
- Duty of Care
- Right of Way
- In-vehicle video-cameras
15.2 Keywords
- traffic accident
- negligence
- apportionment of liability
- speeding
- Singapore
- Court of Appeal
16. Subjects
- Tort Law
- Negligence Law
- Motor Vehicle Accidents
- Civil Litigation
17. Areas of Law
- Tort
- Negligence
- Contributory Negligence
- Civil Procedure