Hum Weng Fong v Koh Siang Hong

Hum Weng Fong v Koh Siang Hong

The Court of Appeal held that the deceased's failure to give way when emerging from the slip road was the substantial and predominant cause of the collision; the appellant's fault was limited to failing to keep a proper lookout (not speeding), and the trial judge had therefore misapportioned blame. The apportionment...

Source-derived case information.

Citation
[2008] SGCA 28
Parties
Plaintiff/respondent: Hum Weng Fong; Defendant/appellant: Koh Siang Hong
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
7 July 2008
Case Number
CA 92/2007
Procedural Posture
Civil Appeal (personal Injury/damages) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; trial judge's apportionment varied
Legal Topics
Apportionment of Liability, Negligence, Duty of Care, Judicial Intervention Under S167 Evidence Act, Foreseeability
Source Language
english
Tort Road Traffic Law Evidence Appeal Apportionment of Liability Negligence Duty of Care Judicial Intervention Under S167 Evidence Act +1 more

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Summary, issues, holding and outcome

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Parties

Hum Weng Fong

Plaintiff/respondent

Koh Siang Hong

Defendant/appellant

Procedural Posture

Civil Appeal (personal Injury/damages) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the trial judge's apportionment of liability (2/3 to defendant, 1/3 to deceased) was correct
  2. 2 Whether the defendant was negligent in speed, lane-changing and lack of lookout
  3. 3 Whether the deceased failed to give way when emerging from the slip road and thus bore substantial causation

Ratio Decidendi

The Court of Appeal held that the deceased's failure to give way when emerging from the slip road was the substantial and predominant cause of the collision; the appellant's fault was limited to failing to keep a proper lookout (not speeding), and the trial judge had therefore misapportioned blame. The apportionment was varied to one-third liability for the appellant and two-thirds for the deceased.

Court Disposition

Appeal allowed in part; trial judge's apportionment varied

Orders

  • Appeal allowed; apportionment of liability varied to one-third for appellant (Koh Siang Hong) and two-thirds for deceased (Teow Moi Chye)
  • Costs awarded to the appellant