Fong Khim Ling v Tan Teck Ann: Loss of Dependency Claim for Deceased Son
Fong Khim Ling, as administrator of the estate of Fong Ching Pau Lloyd, appealed to the High Court of Singapore against the District Court's decision regarding damages awarded for loss of dependency after Fong Ching Pau Lloyd's death in a traffic accident involving Tan Teck Ann. The High Court, presided over by Judith Prakash J, dismissed the appeal, upholding the District Judge's assessment with minor adjustments to the multiplicand calculation. The claim was for loss of dependency and special damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages for loss of dependency after a fatal traffic accident. The court upheld the lower court's decision, adjusting the multiplicand calculation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) | Appellant | Individual | Appeal Dismissed | Lost | |
| Tan Teck Ann | Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Raphael Louis | Teo Keng Siang & Partners |
| Lim Hui Ying | KhattarWong LLP |
| Patrick Yeo | KhattarWong LLP |
4. Facts
- Fong Khim Ling is the administrator of the estate of Fong Ching Pau Lloyd, who died in a traffic accident.
- The accident involved the deceased's motorcycle and a bus driven by Tan Teck Ann.
- Liability was agreed in the ratio 95:5 in favor of the appellant.
- The deceased was 21 years old and had been admitted to Singapore Management University to read business management.
- The deceased's parents claimed damages for loss of dependency.
- The deceased's father earned $400 a month, and the mother earned $1,000 a month as a clerk.
- The deceased had two siblings who were expected to contribute to their parents' support.
5. Formal Citations
- Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck Ann, District Court Suit No 1545 of 2010 (Registrar's Appeal Subordinate Courts No 185 of 2012), [2013] SGHC 104
- Fong Khim Ling, the Administrator of the Estate of Fong Ching Pau, Lloyd (Feng Qingbao), deceased v Tan Teck Ann, , [2012] SGDC 429
6. Timeline
| Date | Event |
|---|---|
| Fong Ching Pau Lloyd died in a traffic accident | |
| District Court Suit No 1545 of 2010 filed | |
| Interlocutory judgment for damages to be assessed obtained by consent | |
| Parties signed a memorandum pursuant to s 23 of the Subordinate Courts Act | |
| Assessment of damages hearing took place | |
| Assessment of damages hearing took place | |
| Deputy Registrar awarded damages to the Appellant | |
| District Judge allowed the respondent’s appeal | |
| Appellant appealed to the High Court | |
| Appeal heard by the High Court | |
| Appeal dismissed by the High Court | |
| Grounds for decision issued |
7. Legal Issues
- Assessment of Damages for Loss of Dependency
- Outcome: The court upheld the District Judge's assessment with minor adjustments to the multiplicand calculation, dismissing the appeal.
- Category: Substantive
- Sub-Issues:
- Calculation of Multiplicand
- Determination of Multiplier
- Apportionment of Earnings
- Related Cases:
- [1990] 1 SLR(R) 235
- [2008] 1 SLR(R) 409
- [1999] 1 SLR(R) 154
- [2008] 3 SLR(R) 735
- [1999] 1 SLR(R) 1068
- [1998] SGHC 376
- [2004] 1 SLR(R) 513
- [2009] SGDC 133
- Costs of Assessment Hearing
- Outcome: The court dismissed the appeal on the costs order.
- Category: Procedural
8. Remedies Sought
- Damages for Loss of Dependency
- Special Damages (Bereavement, Funeral Expenses)
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Law
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Siew Choo v Tan Kian Choon | Unknown | Yes | [1990] 1 SLR(R) 235 | Singapore | Cited for the principle that parents may claim damages for loss of dependency even where there was rarely any actual dependency, so long as there was some basis of fact from which the inference could be drawn that there was a reasonable expectation of pecuniary benefits to the parent, and therefore of prospective loss from the death. |
| Hanson Ingrid Christina v Tan Puey Tze | Unknown | Yes | [2008] 1 SLR(R) 409 | Singapore | Cited for the principle that the final aim of any court in calculating loss of dependency is to make a direct assessment of the value of the reasonable expectation of pecuniary benefit. |
| Gul Chandiram Mahtani v Chain Singh | Unknown | Yes | [1999] 1 SLR(R) 154 | Singapore | Cited in support of the principle that the final aim of any court in calculating loss of dependency is to make a direct assessment of the value of the reasonable expectation of pecuniary benefit. |
| Man Mohan Singh v Zurich Insurance (Singapore) Pte Ltd (now known as QBE Insurance (Singapore) Pte Ltd) and another and another appeal | Court of Appeal | Yes | [2008] 3 SLR(R) 735 | Singapore | Cited for the principle that assessment of loss of dependency entails a measure of estimation and the court should not have unthinking regard to benchmarks or guidelines established by precedents. |
| Ho Yeow Kim v Lai Hai Kuen | Unknown | Yes | [1999] 1 SLR(R) 1068 | Singapore | Cited as a comparison case where the deceased was a student and the court assessed prospective earnings based on likely graduation and employment. |
| Tan Ngo Hwa v Siew Mun Phui | High Court | Yes | [1998] SGHC 376 | Singapore | Cited as a comparison case where the court assessed prospective earnings based on likely education level and employment, even without concrete evidence of a specific career path. |
| Tan Harry v Teo Chee Yeow Aloysius | Unknown | Yes | [2004] 1 SLR(R) 513 | Singapore | Cited regarding the apportionment of a percentage of salary to parents. |
| Li Zhongyuan v Novena Hall Pte Ltd | District Court | Yes | [2009] SGDC 133 | Singapore | Cited regarding the apportionment of a percentage of salary to parents. |
| Ng Siew Choo v Tan Kian Choon | Unknown | Yes | [1990] 1 SLR(R) 235 | Singapore | Cited regarding the likelihood of marriage and its effect on contributions to family. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Subordinate Courts Act (Cap 321, 2007 Rev Ed), s 23 | Singapore |
| Maintenance of Parents Act (Cap 167B, 1996 Rev Ed), s 5 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of Dependency
- Multiplicand
- Multiplier
- Prospective Earnings
- Apportionment of Earnings
- Accelerated Payment
- Graduate Employment Survey
- Ministry of Manpower Report on Wages
15.2 Keywords
- traffic accident
- loss of dependency
- damages assessment
- Singapore
- High Court
- civil appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Loss of Dependency | 80 |
| Wrongful Death | 75 |
| Measure of Damages | 70 |
| Damages | 65 |
| Personal Injury | 60 |
| Traffic Accident Law | 55 |
| Automobile Accidents | 50 |
| Evidence | 40 |
| Civil Procedure | 30 |
16. Subjects
- Civil Procedure
- Damages
- Personal Injury
- Loss of Dependency