Goh Mui Teck v See Eng Kiat

• Jurisdiction: Singapore
• Judge: M Buttrose J
• Judgment Date: 25 January 1967
• Neutral Citation: [1967] SGFC 3
• Citation: [1967] SGFC 3
• Year: 1967
• Published date: 19 September 2003
• Docket Number: Civil Appeal No Y37 of 1966
• Date: 25 January 1967
• Plaintiff Counsel: Harbans Singh Sidhu (Harbans Singh & Kamil)
• Defendant Counsel: Chan Sek Keong (Braddell Brothers)
• Court: Federal Court (Singapore)

The short issue for determination on this appeal is whether this action had been settled between the parties before the trial.

The proceedings arose out of a collision between a motor cycle ridden by the first plaintiff Lim Leng Kay and a motor car driven by the defendant. Accompanying Lim Leng Kay on his motor cycle was a pillion passenger one Goh Ah Yong. As a result of the accident the first plaintiff received minor abrasions and bruises but Goh Ah Yong was killed.

The first plaintiff claimed damages for personal injuries while the second plaintiff - the present appellant - as administrator of the estate of Goh Ah Yong, deceased, claimed damages for the benefit of the estate of the deceased and on behalf of his dependants. The claim of the first plaintiff was settled by a payment of $200 and he thereupon discontinued his action against the defendant.

The defendant in his defence to the second plaintiff`s claim admitted that the second plaintiff was bound to succeed against the defendant and, while not admitting negligence, the defendant admitted the right of the second plaintiff to such damages as he was able to prove and did not require him to call any evidence of negligence by the defendant. The defendant however further alleged that he had agreed to pay and the second plaintiff had agreed to accept the sum of $5,200 plus costs to be taxed in full and final settlement of his claim. By reason of this agreement the defendant maintained that the second plaintiff was barred from proceeding with his action.

Now the evidence disclosed that the alleged agreement to settle the second plaintiffs claim was made between the then solicitors...