Abdul Rahman v Attorney General

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 26 May 1986
• Neutral Citation: [1986] SGHC 17
• Date: 20 May 1986
• Docket Number: Suit No 394 of 1984
• Published date: 19 September 2003
• Year: 1986
• Plaintiff Counsel: MA Valibhoy (Murphy & Dunbar)
• Citation: [1986] SGHC 17
• Defendant Counsel: Charles Lim Aeng Cheng (Attorney General's Chambers)
• Court: High Court (Singapore)
• Subject Matter: Certificate by minister under s 14(1)(b) of Government Proceedings Act,Rights and liabilities of public servants,Personal injuries,Appeal against order of assistant registrar,Tort,Claim for damages for personal injuries from government,Negligence,Setting aside interlocutory judgment,Whether on duty at time of accident,Admission of liability,s 14 Government Proceedings Act (Cap 21, 1970 Ed),Administrative Law,Interlocutory judgment with damages to be assessed,Singapore Armed Forces Pensions (Amendment) Regulations 1981,Damages,National serviceman,Action against government

This is an appeal by the plaintiff against the decision of the assistant registrar ordering that:

(1) the interlocutory judgment entered on 29 February 1984 be set aside;

(2) the sum of $18,000 paid into court by the defendant on 9 February 1985 and accrued interest thereon be paid out to the defendant;

(3) there be no order as to the costs of application.

The plaintiff`s claim is for damages for personal injuries suffered by him as a result of a collision at Vernon Park on 5 February 1982 with a Ministry of Environment lorry no YA 4059 D driven by one Lee Kong, an employee of the government. The action was commenced on 19 January 1984.

On 7 February 1984, the defendant entered appearance. On 9 February 1985, the defendant paid the sum of $18,000 into court in satisfaction of the plaintiff`s cause of action. On 24 February 1984, the defendant wrote to the plaintiff`s then solicitors stating that the defendant admitted liability and asked that the plaintiff proceed to enter interlocutory judgment with damages to be assessed. No defence was filed and interlocutory judgment was entered against the defendant with damages to be assessed on 29 February 1984. Assessment of damages was fixed for mention on 23 February 1985.

In March 1985 the plaintiff was informed by the Singapore Armed Forces (SAF) that the SAF had decided to award him compensation. On 3 May 1985 the SAF paid to the plaintiff a lump sum disability compensation of $15,720.41 under the SAF Pensions (Amendment) Regulations 1981 for the disability suffered by the plaintiff as a result of the accident at Vernon Park on 5 February 1982.

On 27 September 1985 the defendant applied by summons-in-chambers for, inter alia,the interlocutory judgment to be set aside and on 7 November 1985, the assistant registrar made an order in the terms prayed for.

The plaintiff was enlisted in the full-time National Service from the period 26 June 1980, to 25 June 1982. In February 1982 his duty hours on weekdays were from 7.45am to 5pm.

On 5 February 1982, the plaintiff finished the day`s duty at 5pm and thereafter immediately changed into civilian clothing and left Mount Vernon Camp. While walking along Vernon Park, which is a public road just outside the camp, the accident took place.

It is the contention of the defendant that the government in this case has a defence under s 14(4) of the Government Proceedings Act (Cap 21, 1970 Ed) (the Act) which provides that:

No act or omission of a public officer shall subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions mentioned in sub-s (1) or (2) are satisfied.

It is submitted that since the public officer the driver Lee Kong, is not liable, the government is not liable as its liability is vicarious.

The contention of the plaintiff is that s 14(4) of the Act will protect the tortious public officer only if the conditions in sub-s (1) or (2) of s 14 are satisfied.

Section 14 provides as follows:

(1) Nothing done or omitted to be done by a member of the forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the forces if -

(a) at the time when that thing is suffered by that other person, he is either on duty as a member of...