Teo Chee Yeow v Tan Harry: Determining Benefit of Co-Appellant's Successful Appeal on Damages
In Teo Chee Yeow Aloysius and Another v Tan Harry and Another, the Court of Appeal of Singapore heard an appeal on July 14, 2004, regarding whether two co-defendants, Teo Chee Yeow Aloysius and Gleneagles Hospital Ltd, who successfully appealed against different heads of damages assessed by the assistant registrar, are entitled to the benefits of each other’s success. The court affirmed the decision below, holding that each appellant was bound by what each had sought in his notice of appeal and were not entitled to the benefits of each other's successful appeal.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding whether co-appellants benefit from each other's successful appeals on different damage heads. Court held they do not.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Teo Chee Yeow Aloysius | Appellant | Individual | Appeal Dismissed | Lost | |
| Gleneagles Hospital Ltd | Appellant | Corporation | Appeal Dismissed | Lost | |
| Tan Harry | Respondent | Individual | Appeal Dismissed | Neutral | |
| Yeo Kwee Cheng Veronica | Respondent | Individual | Appeal Dismissed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Judith Prakash | Judge | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
4. Facts
- Respondents are dependants and administrators of the estate of the deceased.
- Deceased died while undergoing surgery at Gleneagles Hospital.
- First appellant was the anaesthetist during the operation.
- Liability was admitted by the appellants.
- Assistant registrar made awards for dependency loss, special damages, pain and suffering, and bereavement.
- First appellant appealed only against the award for loss of dependency.
- Second appellant appealed only against the award for legal costs incurred for attending the coroner’s inquiry.
5. Formal Citations
- Teo Chee Yeow Aloysius and Another v Tan Harry and Another, CA 136/2003, [2004] SGCA 31
- Tan Harry v Teo Chee Yeow Aloysius, , [2004] 1 SLR 513
6. Timeline
| Date | Event |
|---|---|
| Registrar's Appeal No 164 of 2003 filed by first appellant against dependency loss award. | |
| Registrar's Appeal No 162 of 2003 filed by second appellant against legal costs award. | |
| Woo Bih Li J rejected the respondents’ appeal: see Tan Harry v Teo Chee Yeow Aloysius [2004] 1 SLR 513. | |
| Court of Appeal dismissed the appeal. |
7. Legal Issues
- Benefit of Co-Appellant's Successful Appeal
- Outcome: The court held that co-appellants are not entitled to the benefits of each other's successful appeals unless they specifically identify the issues in their respective notices of appeal.
- Category: Procedural
- Sub-Issues:
- Identification of specific issues appealed against
- Requirement to file separate notices of appeal
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Loss of Dependency
- Special Damages
10. Practice Areas
- Civil Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chang Ah Lek v Lim Ah Koon | Court of Appeal | Yes | [1999] 1 SLR 82 | Singapore | Cited regarding the nature of a hearing before a judge in chambers from a decision of the registrar. |
| Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette) | Court of Appeal | Yes | [2004] 2 SLR 392 | Singapore | Cited to reiterate that when a judge in chambers hears an appeal from a decision of the Registrar, the judge is not exercising an appellate jurisdiction but a confirmatory jurisdiction. |
| The Vishva Apurva | High Court | Yes | [1992] 2 SLR 175 | Singapore | Cited to contrast the situation of an appeal from a decision of the High Court to the Court of Appeal. |
13. Applicable Rules
| Rule Name |
|---|
| Order 56 r 1 Rules of Court (Cap 322, R 5, 2004 Rev Ed) |
| Order 57 r 3 (2) Rules of Court (Cap 322, R 5, 2004 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Co-appellants
- Joint and several liability
- Notices of appeal
- Dependency loss
- Special damages
- Rehearing
- Confirmatory jurisdiction
15.2 Keywords
- appeal
- damages
- civil procedure
- co-appellants
- joint liability
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 80 |
| Civil Litigation | 70 |
| Measure of Damages | 70 |
| Appellate Practice | 60 |
| Wrongful Death | 50 |
| Torts | 40 |
| Personal Injury | 40 |
| Evidence | 30 |
16. Subjects
- Civil Procedure
- Appeals
- Damages Assessment