Foo Kok Boon v Ngow Kheong Shen: Prospective Overruling & Causation in Interlocutory Judgments

Mr. Foo Kok Boon applied to set aside a consent interlocutory judgment (CIJ) against him in HC/OA 607/2023, related to Suit No 834 of 2021, due to the decision in Salmizan bin Abdullah v Crapper, Ian Anthony. The application was heard in the General Division of the High Court before Judicial Commissioner Goh Yihan. The court dismissed the application, holding that the doctrine of prospective overruling should apply to Salmizan, meaning that defendants who entered into interlocutory judgments before March 30, 2023, can still raise causation issues at the assessment of damages stage. The suit arose from a chain collision on 6 July 2015.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application dismissed. The court held that the doctrine of prospective overruling should apply in relation to Salmizan.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application to set aside consent interlocutory judgment. Court held doctrine of prospective overruling applies, allowing causation challenges in pre-Salmizan judgments.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Foo Kok BoonApplicant, DefendantIndividualApplication DismissedLost
Ngow Kheong ShenRespondent, PlaintiffIndividualJudgment StandsWon
Freddy Gomez s/o V GomezRespondent, DefendantIndividualNeutralNeutral
Leyau Yew TeckRespondent, DefendantIndividualNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Goh YihanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Koh Keh Jang FendrickTitanium Law Chambers LLC
Kenneth Loh Ding ChaoTitanium Law Chambers LLC
Wee AnthonyTitanium Law Chambers LLC
Alexius Chew Hui JunTitanium Law Chambers LLC
John VincentJohn Law Chambers LLC
Fernandez ChristopherTan Kok Quan Partnership
Low Huai PinTan Kok Quan Partnership

4. Facts

  1. A chain collision involving seven cars occurred on 6 July 2015.
  2. A consent interlocutory judgment was entered against Foo Kok Boon on 2 May 2019.
  3. The decision in Salmizan bin Abdullah v Crapper, Ian Anthony was issued on 30 March 2023.
  4. Foo Kok Boon applied to set aside the consent interlocutory judgment based on the Salmizan decision.
  5. The court considered whether Salmizan should apply prospectively or retroactively.
  6. The court found that the previous approach allowed parties to reserve all issues of causation to the AD stage.
  7. The court determined that applying Salmizan retroactively would cause serious injustice.

5. Formal Citations

  1. Foo Kok Boon v Ngow Kheong Shen and others, Originating Application No 607 of 2023, [2023] SGHC 189

6. Timeline

DateEvent
Chain collision occurred
Consent interlocutory judgment entered against Foo Kok Boon
Decision in Salmizan bin Abdullah v Crapper, Ian Anthony issued
Judgment reserved
Judgment issued

7. Legal Issues

  1. Prospective Overruling
    • Outcome: The court held that the doctrine of prospective overruling should apply in relation to Salmizan.
    • Category: Substantive
    • Related Cases:
      • [2018] 2 SLR 557
  2. Causation in Personal Injury Claims
    • Outcome: The court clarified that defendants who entered into interlocutory judgments before March 30, 2023, can still raise issues of causation at the assessment of damages stage.
    • Category: Substantive
    • Related Cases:
      • [2023] SGHC 75
  3. Setting Aside Consent Interlocutory Judgments
    • Outcome: The court affirmed that a fresh application is required to set aside a consent interlocutory judgment.
    • Category: Procedural
    • Related Cases:
      • [2021] 1 SLR 451
      • [2023] SGDC 100

8. Remedies Sought

  1. Setting Aside Consent Interlocutory Judgment

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Litigation
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Salmizan bin Abdullah v Crapper, Ian AnthonyHigh CourtYes[2023] SGHC 75SingaporeThe judgment directly relies on the principles established in Salmizan regarding causation in personal injury claims and the setting aside of consent interlocutory judgments.
Siva Kumar s/o Avadiar v Quek Leng Chuang and othersCourt of AppealYes[2021] 1 SLR 451SingaporeCited for the principle that an application to set aside a consent judgment or order must be commenced as fresh proceedings.
Muhammad Tirmidzi Bin Misnawi v Agnes Chai Yui YunDistrict CourtYes[2023] SGDC 100SingaporeCited for the analysis that a party seeking to set aside a consent interlocutory judgment ought to begin fresh proceedings.
Adri Anton Kalangie v Public ProsecutorCourt of AppealYes[2018] 2 SLR 557SingaporeCited for the principles governing the doctrine of prospective overruling.
L Capital Jones Ltd and another v Maniach Pte LtdCourt of AppealYes[2017] 1 SLR 312SingaporeCited to highlight the exceptionality of invoking the doctrine of prospective overruling in civil cases.
Public Prosecutor v Hue An LiHigh CourtYes[2014] 4 SLR 661SingaporeCited for the relevant factors in determining whether to limit the retroactive effect of a decision.
Lai v ChamberlainsNew Zealand Supreme CourtYes[2007] 2 NZLR 7New ZealandCited for the principle that the onus of establishing grounds to limit the retroactive effect of a decision lies on the party seeking to do so.
Kek Lai Quan (Guo Laiquan) v Lim JunyouMagistrate’s CourtYes[2022] SGMC 7SingaporeCited to illustrate the common practice of reserving issues of causation to the assessment of damages stage prior to Tan Woo Thian.
Eliora Yow (an infant suing by her father and litigation representative, Yow Tuck Meng Jerry) v Kwa Kian PengMagistrate’s CourtYes[2020] SGMC 44SingaporeCited to illustrate the common practice of reserving issues of causation to the assessment of damages stage prior to Tan Woo Thian.
Gannison s/o Varimuthu v Choa Beng TeckDistrict CourtYes[2023] SGDC 92SingaporeCited to illustrate the common practice of reserving issues of causation to the assessment of damages stage prior to Tan Woo Thian.
Tan Woo Thian v PricewaterhouseCoopers Advisory Services Pte LtdCourt of AppealYes[2021] 1 SLR 1166SingaporeCited as the starting point of the shift away from the previous approach of reserving all issues of causation to the AD stage.
Lim Mei Choo (Lin Meizhu) v Muhammad Azham bin Razak (Direct Asia Insurance (Singapore) Pte Ltd, intervener)Magistrate’s CourtYes[2021] SGMC 74SingaporeCited for its interpretation of Tan Woo Thian regarding the disputing of causation at the assessment of damages phase.
In re Spectrum Plus Ltd (in liquidation)House of LordsYes[2005] 2 AC 680United KingdomCited for the principle that the doctrine of prospective overruling seeks to avoid gravely unfair and disruptive consequences for past transactions or happenings.
Public Prosecutor v Dato’ Yap PengSupreme Court of MalaysiaYes[1987] 2 MLJ 311MalaysiaCited as an example where the doctrine of prospective overruling was applied due to reliance on a previous legal position.
Re Manitoba Language RightsCanadian Supreme CourtYes[1985] 1 SCR 721CanadaCited as an example where the Canadian Supreme Court granted a declaration of temporary validity to preserve the rule of law.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Prospective Overruling
  • Consent Interlocutory Judgment
  • Causation
  • Assessment of Damages
  • Personal Injury Motor Accident Claims
  • Pre-Action Protocol

15.2 Keywords

  • prospective overruling
  • causation
  • interlocutory judgment
  • personal injury
  • motor accident

17. Areas of Law

Area NameRelevance Score
Prospective Overruling90
Judgments and Orders85
Interlocutory Judgment80
Civil Practice75
Assessment of Damages70
Causation60
Personal Injury40
Automobile Accidents35
Contract Law30
Jurisdiction30
Breach of Contract30
Costs25

16. Subjects

  • Civil Procedure
  • Personal Injury
  • Motor Vehicle Accidents
  • Judgments
  • Orders