Tan Poh Weng Andy v Lee Jee

• Jurisdiction: Singapore
• Judge: Choo Han Teck J
• Judgment Date: 07 November 2013
• Neutral Citation: [2013] SGHC 234
• Court: High Court (Singapore)
• Docket Number: Suit No 837 of 2012
• Year: 2013
• Published date: 13 November 2013
• Hearing Date: 21 March 2013,23 May 2013,24 April 2013,04 March 2013,05 November 2013,18 April 2013,14 March 2013
• Plaintiff Counsel: Michael Loh, Viviene Kaur Sandhu and Vanessa Sandhu (Clifford Law LLP)
• Defendant Counsel: Alvin Cheng Sun Cheok and Marian Lee (Chris Chong & C T Ho Partnership)
• Subject Matter: Civil procedure,Offer to settle,Court declining to record consent interlocutory judgment in order to refer matter to Attorney-General for investigation
• Citation: [2013] SGHC 234

Choo Han Teck J:

The parties applied to record a consent interlocutory judgment with damages to be assessed. I declined to record the settlement and told counsel that I will be referring this case to the Attorney-General for his action. The grounds are as follows.

The plaintiff was driving a motor van about 7.30am on 26 May 2010 when a vehicle driven by the defendant collided against the plaintiff’s van. He claimed that his vehicle was stationary when the defendant’s bus collided against the rear of his vehicle, which then collided against the car in front. The claim by the driver of that vehicle has since been settled. The plaintiff and his passenger both claimed to be injured. The plaintiff’s passenger sued the defendant in the magistrate’s court, joining the plaintiff as a third party. That claim was settled with a consent judgment in which the liability was apportioned 95% against the defendant and 5% against the plaintiff.

The plaintiff then commenced this action against the defendant, claiming 100% liability. The plaintiff obtained an interim payment of $100,000. Subsequently, the plaintiff applied in Summons No 6172 of 2012 for a second interim payment. The application was dismissed by Assistant Registrar Miss Sngeeta Devi (“AR Devi”) on 14 December 2012. A medical report on the plaintiff’s injury dated 1 October 2010 by an orthopaedic surgeon Dr Peng described the plaintiff’s injury as “the impression is neck sprain, chest contusion and lumbar disc protrusion and spondylolisthesis”. It is noted that the plaintiff had two surgeries in 2011; one in July and the other in October.

The appeal in respect of AR Devi’s decision was scheduled for hearing about a week before the start of the trial before me. The trial as to liability was fixed for hearing on 4 March 2013. It was then that I asked why the plaintiff’s name was different in some previous documents filed. Counsel for the plaintiff, Miss Viviene Sandhu, then informed me that the plaintiff changed his name by deed poll on 25 February 2011 from Tan Poh Kim to Andy Tan Poh Weng.

Mr Alvin Cheng, counsel for the defendant, said that the question of liability cannot be settled because the plaintiff had admitted to being 5% liable in his passenger’s suit in the Magistrate Court so he cannot now claim 100% against the defendant. Miss Sandhu objected to this defence because she claimed that it was not pleaded. I thus adjourned the trial for all necessary amendments to be...