YAP BOON FONG YVONNE (YE WENFENG YVONNE) v WONG KOK MUN ALVIN & Anor

YAP BOON FONG YVONNE (YE WENFENG YVONNE) v WONG KOK MUN ALVIN & Anor

The Court of Appeal held that Singapore law does not recognise a head of general damages for pre-trial loss of earning capacity; pre-trial losses must be proved as special damages. The trial judge's award of $265,000 for pre-trial loss of earning capacity was set aside and replaced with a special damages assessment...

Source-derived case information.

Citation
[2018] SGCA 80
Parties
Appellant (civil Appeal No 33 of 2018); Respondent (civil Appeal No 35 of 2018): Yap Boon Fong Yvonne (Ye Wenfeng Yvonne); Respondent (civil Appeal No 33 of 2018); Appellant (civil Appeal No 35 of 2018): Wong Kok Mun Alvin; Respondent (civil Appeal No 33 of 2018); Appellant (civil Appeal No 35 of 2018): Lim Chuah Heng
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
26 November 2018
Case Number
CA/CA 33/2018|CA/CA 35/2018
Procedural Posture
Civil Appeal (personal Injury/damages) / Court of Appeal Judgment on Assessment of Damages (final)
Outcome
Appeal CA 33 dismissed; cross-appeal CA 35 allowed in part; trial judge's pre-trial general damages award set aside and replaced; post-trial award affirmed; parties to bear own costs.
Legal Topics
Pre Trial Loss of Earnings, Loss of Earning Capacity, Special Vs General Damages, Burden of Proof, Admissibility of Opinion Evidence (s32 B), Multiplier Multiplicand Approach
Source Language
english
Tort Personal Injury Assessment of Damages Civil Procedure Evidence Pre Trial Loss of Earnings Loss of Earning Capacity Special Vs General Damages +3 more

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Parties

Yap Boon Fong Yvonne (Ye Wenfeng Yvonne)

Appellant (civil Appeal No 33 of 2018); Respondent (civil Appeal No 35 of 2018)

Wong Kok Mun Alvin

Respondent (civil Appeal No 33 of 2018); Appellant (civil Appeal No 35 of 2018)

Lim Chuah Heng

Respondent (civil Appeal No 33 of 2018); Appellant (civil Appeal No 35 of 2018)

Procedural Posture

Civil Appeal (personal Injury/damages) / Court of Appeal Judgment on Assessment of Damages (final)

Legal Issues

  1. 1 Whether Singapore law recognises a claim in general damages for pre-trial loss of earning capacity
  2. 2 If not, how to quantify pre-trial loss of earnings where proofs are difficult
  3. 3 Whether the damages awarded for post-trial loss of earning capacity were excessive

Ratio Decidendi

The Court of Appeal held that Singapore law does not recognise a head of general damages for pre-trial loss of earning capacity; pre-trial losses must be proved as special damages. The trial judge's award of $265,000 for pre-trial loss of earning capacity was set aside and replaced with a special damages assessment of $166,370 for pre-trial loss of earnings (using $6,300/month from Jan 2013 to Mar 2017 less actual earnings). The trial judge's post-trial loss of earning capacity award of $80,000 was affirmed using a multiplicand of 7% of $81,900 and a multiplier of 15 years.

Court Disposition

Appeal CA 33 dismissed; cross-appeal CA 35 allowed in part; trial judge's pre-trial general damages award set aside and replaced; post-trial award affirmed; parties to bear own costs.

Orders

  • Set aside trial award of $265000 for pre-trial loss of earning capacity and replace with $166370 for pre-trial loss of earnings, plus interest
  • Affirmed award of $80000 for post-trial loss of earning capacity