Thenmoli d/o Periasamy v Liew Yee Cheong

Thenmoli d/o Periasamy v Liew Yee Cheong

The correct approach required deducting the agreed 21‑month pre‑trial period from the post‑trial multipliers and assessing the children's damages as reflecting the deceased father's share of support (reduced to half the multiplicands); other findings on earnings and multipliers were within acceptable ranges and left undisturbed.

Citation
[2001] SGHC 116
Parties
Appellant/defendant: Thenmoli d/o Periasamy; Respondent/plaintiff: Liew Yee Cheong
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
29 May 2001
Case Number
Suit 397/2000/D
Procedural Posture
Civil Tort (fatal Accident/damages) / Appeal Against Assessment of Damages (high Court)
Outcome
Appeal allowed in part; Assistant Registrar's awards varied
Legal Topics
Loss of Dependency, Multipliers and Multiplicands, Pre Trial and Post Trial Loss, Assessment of Damages, Allocation of Parental Contributions
Source Language
English
Tort Damages Civil Procedure Personal Injury Fatal Accidents Loss of Dependency Multipliers and Multiplicands Pre Trial and Post Trial Loss +2 more

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Parties

Thenmoli d/o Periasamy

Appellant/defendant

Liew Yee Cheong

Respondent/plaintiff

Procedural Posture

Civil Tort (fatal Accident/damages) / Appeal Against Assessment of Damages (high Court)

Legal Issues

  1. 1 Whether post-trial multipliers must be adjusted by deducting the agreed pre-trial period
  2. 2 Whether children's multiplicands should be reduced to reflect only the deceased father's contribution
  3. 3 Whether the Assistant Registrar's findings on earnings and multipliers were open to challenge

Ratio Decidendi

The correct approach required deducting the agreed 21‑month pre‑trial period from the post‑trial multipliers and assessing the children's damages as reflecting the deceased father's share of support (reduced to half the multiplicands); other findings on earnings and multipliers were within acceptable ranges and left undisturbed.

Court Disposition

Appeal allowed in part; Assistant Registrar's awards varied

Orders

  • Adjusted pre-trial awards: Plaintiff - $200 x 21 months; Elder daughter - $500 x 21 months; Younger daughter - $150 x 21 months
  • Adjusted post-trial awards: Plaintiff - $400 x 75 months (8 years 21 months); Elder daughter - $600 x 171 months (16 years 21 months); Younger daughter - $250 x 99 months (10 years 21 months)