Chow Khai Hong v Tham Sek Khow and Another

JurisdictionSingapore
JudgeKarthigesu J
Judgment Date10 October 1991
Neutral Citation[1991] SGCA 37
Docket NumberCivil Appeal No 47 of 1988
Date10 October 1991
Published date19 September 2003
Year1991
Plaintiff CounselWilliam Jansen (Jansen Menon & Partners)
Citation[1991] SGCA 37
Defendant CounselPaul Chen Li Yen (Donaldson & Burkinshaw)
CourtCourt of Appeal (Singapore)
Subject MatterMeasure of damages,Ground not argued in High Court,Personal injuries cases,Principles and circumstances affecting appellate court's interference of award of damages made by trial court,Whether damages to be assessed on lump sum basis or multiplier/multiplicand method,Not open to appeal where point was supported in court below,Mitigation a question of fact,Negligence,Duty to act reasonably to mitigate damages,Tort,Loss of future earnings,Appeals,Mitigation of damages,Part-time employment,Injuries led to loss of part-time job,Damages,Civil Procedure,Award of damages

Cur Adv Vult

This appeal involved the assessment of damages for pre-trial loss of earnings and loss of future earnings arising out of a road accident on 17 July 1984 between a motor scooter ridden by the appellant and a motor pickup driven by the first respondent as the servant or agent of the second respondent. The appellant`s left leg was seriously injured in the accident, there being both dislocated joints and fractured bones in his left foot. The injuries caused him pain when he walked or stood for a long time. He was hospitalized for 20 days, and was on medical leave for a further 21/2 months and on light duty for another five months.

The respondents accepted liability on the basis of a 30% deduction for contributory negligence on the part of the appellant.
The only dispute between the parties was as to the quantum of damages.

The appellant was 40 years old at the time of the accident.
He held two jobs: from 8am to 4.30pm he worked as a chainsaw operator with the Housing and Development Board (`HDB`); from 9pm to 4am the next morning he worked as a security guard for Jensen Security Service. His assigned place of work was the Apollo Nite Club. He had been working at a second job (in addition to his job with the HDB) for four to five years: for about a year as a hawker`s assistant and thereafter as a security guard. Managing on a mere four hours` sleep a night, he explained that he had taken up a second job to supplement his meagre income. As a security guard, his monthly earnings were $200 salary, $60 allowance, and $160 tips. He was able to resume his daytime employment with the HDB in January 1985, half a year after the accident. However, the pain from his injuries made it impossible for him to also continue with his job as a security guard. It was in respect of the loss of this job as a security guard that he claimed damages for pre-trial loss of earnings and loss of future earnings.

At the trial in the district court, the trial judge awarded, inter alia, damages of $10,920 ($15,600 gross) for loss of future earnings based on a multiplicand of $260 per month for 5 years and $7,966 ($11,380 gross) for pre-trial loss of earnings.
As a component of the damages for pre-trial loss of earnings, the sum of $100 a month for 28 months was attributed to tips which the appellant would have received as a security guard at the Apollo Nite Club, had it not been for the accident.

The respondents appealed to the High Court against the award of damages for loss of future earnings and the award of tips as part of pre-trial loss of earnings.
The appeal was heard by Sinnathuray J, who varied the trial judge`s order by (i) deducting the allowance of $60 per month for transport and laundry (which was conceded by counsel for the appellant) and (ii) substituting a lump sum award of $4,200 ($6,000 gross) for loss of earning capacity for the trial judge`s award of $10,920 ($15,600 gross) for loss of future earnings. He declined...

To continue reading

Request your trial
4 cases
  • Lee Wei Kong v Ng Siok Tong
    • Singapore
    • Court of Appeal (Singapore)
    • 13 Enero 2012
    ...(folld) Chong Hwa Yin v Estate of Loh Hon Fock, deceased [2006] 3 SLR (R) 208; [2006] 3 SLR 208 (refd) Chow Khai Hong v Tham Sek Khow [1991] 2 SLR (R) 670; [1992] 1 SLR 4 (folld) Croke v Wiseman [1982] 1 WLR 71 (folld) De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd [2003]......
  • Singapore Airlines Ltd v Tan Shwu Leng and another appeal
    • Singapore
    • Court of Appeal (Singapore)
    • 16 Octubre 2001
    ...... from the High Court to the Court of Appeal, eg Chow Khai Hong v Tham Sek Khow [1992] 1 SLR 4 , Lim Hwee Meng ......
  • Low Swee Tong v Liew Machinery (Pte) Ltd
    • Singapore
    • High Court (Singapore)
    • 22 Mayo 1993
    ...AC 370; [1955] 1 All ER 326 (folld) Chi Jau alias Er Ah Jau v Lee Kok Bing [1992] SGHC 181 (folld) Chow Khai Hong v Tham Sek Khow [1991] 2 SLR (R) 670; [1992] 1 SLR 4 (refd) Davies v Powell Duffryn Associated Collieries Ltd [1942] AC 601 (refd) Fairley v John Thompson (Design and Contractin......
  • Public Prosecutor v Tay Fook Yuan
    • Singapore
    • District Court (Singapore)
    • 23 Julio 2012
    ...Code (Cap.224). I was in agreement with the prosecution that the right of private defence did not apply to the accused33: PP v Soosay [1991] 2 SLR(R) 670. On the issue of credibility, I found the accused to be long on embellishment and short on the truth. In examination in chief, the accuse......
2 books & journal articles
  • Civil Procedure
    • Singapore
    • Singapore Academy of Law Annual Review No. 2001, December 2001
    • 1 Diciembre 2001
    ...Collieries, Limited[1942] AC 601 and was accepted and applied in Singapore by the Court of Appeal in Chow Khai Hong v Tham Sek Khow[1992] 1 SLR 4, Lim Hwee Meng v Citadel Investment Pte Ltd[1998] 3 SLR 601 and Peh Eng Leng v Pek Eng Leong[1996] 2 SLR 305. 6.46 However, Chao Hick Tin JA poin......
  • WRITING A PERSUASIVE APPELLATE BRIEF
    • Singapore
    • Singapore Academy of Law Journal No. 2007, December 2007
    • 1 Diciembre 2007
    ...Appellate courts are also wary of intervening in a trial judge’s assessment of damages: see, for instance, Chow Khai Hong v Tham Sek Khow[1992] 1 SLR 4; Lim Hwee Meng v Citadel Investment[1998] 3 SLR 601; Peh Eng Leng v Pek Eng Leong[1996] 2 SLR 305 and Singapore Airlines Ltd v Tan Shwu Len......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT