The Subsidiary Management Corporation v Janaed: Negligence, Duty of Care, and Contributory Negligence at Westgate Tower

In [2022] SGHC(A) 26, the Appellate Division of the High Court heard appeals from The Subsidiary Management Corporation No. 01 – Strata Title Plan No. 4355 (“MCST”) and Janaed regarding a negligence claim. Janaed sued MCST, Newtec Engineering Pte Ltd, Felizardo Paras Jose t/a STA Rita Engineering Services, and Zoe International Pte Ltd after falling from a chiller at Westgate Tower. The court dismissed both appeals, affirming the lower court's decision that MCST was liable for negligence, Janaed was contributorily negligent, and Zoe was not liable. The court considered issues of duty of care, breach, and contributory negligence.

1. Case Overview

1.1 Court

Appellate Division of the High Court

1.2 Outcome

MCST's appeal dismissed; Janaed's appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding negligence claim after Janaed fell at Westgate Tower. Court examined duty of care, breach, and contributory negligence, affirming MCST's liability.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
The Subsidiary Management Corporation No. 01 – Strata Title Plan No. 4355Appellant, RespondentCorporationAppeal DismissedLost
JanaedRespondent, Appellant, PlaintiffIndividualAppeal DismissedLost
Zoe International Pte LtdRespondent, DefendantCorporationClaim DismissedWon
Felizardo Paras Jose t/a STA Rita Engineering ServicesRespondent, DefendantIndividualJudgment for PlaintiffLost
Newtec Engineering Pte LtdDefendantCorporationJudgment for PlaintiffLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudge of the Appellate DivisionNo
Quentin LohJudge of the Appellate DivisionNo
Chua Lee MingJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Alicia Chia Si MinCivic Legal LLC
Eu Hai Meng MichaelCivic Legal LLC
VM VidthiyaHoh Law Corporation
Namasivayam SrinivasanHoh Law Corporation
Peter Ong Lip ChengPeter Ong Law Corporation

4. Facts

  1. Janaed fell 3.7 meters from the top of a chiller in the M&E Room at Westgate Tower.
  2. MCST engaged Zoe to replace flow switches at another chiller in the M&E Room.
  3. Zoe subcontracted the Works to STA, and Newtec supplied labor (including Janaed) to STA.
  4. Janaed was asked to check the model of the flow switches at Chiller 1.
  5. Janaed used a fireman’s ladder to climb to the top of Chiller 1.
  6. There were no guard-rails at the top of the chiller, and Janaed did not use any safety harness or belt.
  7. Janaed fell while using his mobile phone to take photos of the flow switch.

5. Formal Citations

  1. The Subsidiary Management Corporation No. 01 – Strata Title Plan No. 4355vJanaed and another and another appeal, Civil Appeals Nos 98 of 2021 and 99 of 2021, [2022] SGHC(A) 26

6. Timeline

DateEvent
MCST confirmed engagement of Zoe for the Works.
Site survey conducted at the M&E Room.
Suit No 1127 of 2019 filed.
Civil Appeal No 98 of 2021 filed.
Civil Appeal No 99 of 2021 filed.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Duty of Care
    • Outcome: The court found that MCST owed Janaed a duty of care.
    • Category: Substantive
    • Related Cases:
      • [2007] 4 SLR(R) 100
      • [2014] 2 SLR 360
      • [2012] 2 SLR 549
  2. Breach of Duty
    • Outcome: The court found that MCST breached its duty of care.
    • Category: Substantive
  3. Contributory Negligence
    • Outcome: The court found Janaed 30% contributorily negligent.
    • Category: Substantive
    • Related Cases:
      • [2009] 2 SLR(R) 587
      • [2014] SGHC 177
      • [2018] 3 SLR 480
  4. Vicarious Liability
    • Outcome: The court did not address vicarious liability as it was not part of MCST's pleaded case.
    • Category: Substantive

8. Remedies Sought

  1. Damages for personal injury

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Occupiers' Liability
  • Construction Law

11. Industries

  • Construction
  • Property Management

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Spandeck Engineering (S) Pte Ltd v Defence Science & Technology AgencyCourt of AppealYes[2007] 4 SLR(R) 100SingaporeEstablished the single test to determine whether a duty of care should be imposed in a claim arising out of negligence.
Gursahib Singh v Aquatemp Pte Ltd and othersDistrict CourtYes[2020] SGDC 127SingaporeCited by MCST to argue that its duty did not extend to operations at the site; distinguished by the court.
See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd and othersCourt of AppealYes[2013] 3 SLR 284SingaporeDecided that the law on occupiers’ liability had been subsumed into the tort of negligence.
Neo Siong Chew v Cheng Guan Seng and othersHigh CourtYes[2013] SGHC 93SingaporeCited for the principle that an occupier's duty pertains to the physical condition of the premises, but found to be superseded by See Toh Siew Kee.
Mohd bin Sapri v Soil-Build (Pte) Ltd and another appealUnknownYes[1996] 2 SLR(R) 223SingaporeCited in Neo Siong Chew regarding occupier's duty, but deemed no longer applicable after Spandeck.
Sutherland Shire Council v HeymanUnknownYes60 ALR 1AustraliaExplanation of proximity approved in Spandeck.
Jurong Primewide Pte Ltd v Moh Seng Cranes Pte Ltd and othersCourt of AppealYes[2014] 2 SLR 360SingaporeAddressed the legal proximity requirement for occupiers and the effect of the WSHA on common law duty of care.
Tan Juay Pah v Kimly Construction Pte Ltd and othersCourt of AppealYes[2012] 2 SLR 549SingaporeDiscussed the effect of the WSH Regime on the question of whether there exists a duty of care in negligence.
Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and anotherCourt of AppealYes[2021] 1 SLR 1288SingaporeReminded litigants and legal practitioners to comply with the Rules of Court regarding notices of contribution.
Zheng Yu Shan v Lian Beng Construction (1988) Pte LtdHigh CourtYes[2009] 2 SLR(R) 587SingaporeAddressed contributory negligence in the context of an employer's failure to provide a safe system of work; distinguished on the facts.
Chen Qiangshi v Hong Fei CDY Construction Pte Ltd and anotherHigh CourtYes[2014] SGHC 177SingaporeDiscussed contributory negligence where the plaintiff rigged a rebar cage improperly; distinguished on the facts.
Miah Rasel v 5 Ways Engineering Services Pte LtdHigh CourtYes[2018] 3 SLR 480SingaporeDiscussed contributory negligence where the plaintiff stepped on an air conditioning duct; distinguished on the facts.
Ng Li Ning v Ting Jun Heng and anotherCourt of AppealYes[2021] 2 SLR 1267SingaporeAn appellate court should not intervene on the issue of apportionment by the trial judge unless it was clearly against the weight of the evidence or was plainly wrong.
Microsoft Corp and others v SM Summit Holdings Ltd and anotherUnknownYes[1999] 3 SLR(R) 1017SingaporeMCST has the necessary standing to appeal because MCST was directly affected by the finding and had a personal interest in seeking its variation

13. Applicable Rules

Rule Name
Rules of Court (2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed)Singapore
Workplace Safety and Health (Work at Heights) Regulations 2013Singapore
Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Chiller
  • Mechanical and Electrical Room
  • Flow Switch
  • Workplace Safety and Health Act
  • Contributory Negligence
  • Duty of Care
  • Occupier
  • Guard-rails
  • Travel Restraint System
  • Fall Arrest System

15.2 Keywords

  • Negligence
  • Duty of Care
  • Contributory Negligence
  • Workplace Safety
  • Personal Injury
  • Westgate Tower
  • Singapore
  • MCST
  • Janaed

17. Areas of Law

Area NameRelevance Score
Negligence95
Contributory negligence80
Workplace Safety and Health70
Breach of Statutory Duty60
Occupiers' Liability40
Construction Law30
Property Law20
Contract Law15
Civil Procedure10

16. Subjects

  • Tort Law
  • Workplace Safety
  • Negligence
  • Appeals