Shaik Abu Bakar v Saag Oilfield & PPL Shipyard: Negligence Claim for Workplace Injury
In a suit before the High Court of Singapore on 18 December 2012, Justice Lee Seiu Kin ruled on a negligence claim brought by Shaik Abu Bakar Bin Abdul Sukol against PPL Shipyard Pte Ltd. The plaintiff, an employee of Saag Oilfield Engineering (S) Pte Ltd, sustained injuries at PPL Shipyard's worksite. The court found PPL Shipyard negligent for permitting lifting works to proceed with scaffolding obstructing the path of the load, leading to the plaintiff's injury. However, the court also found the plaintiff contributorily negligent for failing to wear gloves, reducing the damages awarded by 50%. The court gave judgment for the plaintiff against the second defendant for 50% of the damages to be assessed by the Registrar, with costs reserved to him.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff; damages to be assessed by the Registrar.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Shaik Abu Bakar sued PPL Shipyard for negligence after a workplace injury. The court found PPL Shipyard liable but reduced damages by 50% due to contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shaik Abu Bakar Bin Abdul Sukol | Plaintiff | Individual | Judgment for Plaintiff | Partial | |
| Saag Oilfield Engineering (S) Pte Ltd | Defendant | Corporation | No Judgment | Neutral | |
| PPL Shipyard Pte Ltd | Defendant | Corporation | Judgment Against Defendant | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was employed by the first defendant as a derrick builder.
- The second defendant contracted the first defendant to install a derrick at its worksite.
- On 4 February 2008, the plaintiff was injured while working on the derrick.
- Scaffolding obstructed the path of the load being lifted.
- The plaintiff was instructed to shake the cable to steer the counterweight.
- The plaintiff's fingers were caught between the sheave and the wire of the pulley.
- The plaintiff was not wearing gloves at the time of the accident.
5. Formal Citations
- Shaik Abu Bakar Bin Abdul Sukol v Saag Oilfield Engineering (S) Pte Ltd and another, Suit No 717 of 2009, [2012] SGHC 251
6. Timeline
| Date | Event |
|---|---|
| Plaintiff suffered injury in an accident at the Worksite. | |
| Suit filed (Suit No 717 of 2009). | |
| Plaintiff's counsel applied to amend the statement of claim. | |
| Judgment issued. |
7. Legal Issues
- Negligence
- Outcome: The court found the second defendant negligent for permitting the lifting works to proceed with scaffolding obstructing the path of the load.
- Category: Substantive
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent for failing to wear gloves, reducing the damages awarded by 50%.
- Category: Substantive
- Breach of Statutory Duty
- Outcome: The court disallowed the application to amend the statement of claim to include breach of statutory duty under s 11 of the Workplace Safety and Health Act because the 3-year limitation period for personal injury had passed. The plaintiff’s pleaded ground against the second defendant was in respect of s 12(1) of the Act. However s 12(1) pertains to an employer-employee relationship and as the second defendant was not the plaintiff’s employer, this pleaded ground was not relevant vis-à-vis the second defendant.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Construction Law
11. Industries
- Construction
- Oil and Gas
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Derrick
- Worksite
- Scaffolding
- Lifting works
- Contributory negligence
- Workplace Safety and Health Act
15.2 Keywords
- negligence
- workplace injury
- construction
- scaffolding
- derrick
- contributory negligence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Workplace Safety and Health | 90 |
| Negligence | 80 |
| Personal Injury | 75 |
| Breach of Statutory Duty | 60 |
| Construction Law | 30 |
16. Subjects
- Workplace Injury
- Negligence
- Construction Safety