Cheung Fung v Shanmugam Thanabal: Negligence in Road Accident at Uncontrolled Junction

In Cheung Fung (suing by his litigation representative Goh Fun Cheng) v Shanmugam Thanabal, the High Court of Singapore heard a case involving a collision between the plaintiff, Cheung Fung, a cyclist, and the defendant, Shanmugam Thanabal, a van driver, at the junction of Havelock Link and Havelock Road. The plaintiff claimed negligence on the part of the defendant, while the defendant argued that the plaintiff was wholly negligent. Tan Siong Thye J dismissed the plaintiff's claim, finding that the plaintiff was solely negligent for failing to stop at the stop line and ensure the junction was clear before proceeding.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claim Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving a cyclist (Cheung Fung) and a van driver (Shanmugam Thanabal) at an uncontrolled junction. The court found the cyclist solely negligent for the accident.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Cheung FungPlaintiffIndividualClaim DismissedLost
Shanmugam ThanabalDefendantIndividualJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeJudgeYes

4. Counsels

Counsel NameOrganization
Vangadasalam RamakrishnanV Ramakrishnan & Co
Loh Kia MengRodyk & Davidson LLP
Crystal GohRodyk & Davidson LLP

4. Facts

  1. The plaintiff, a cyclist, collided with the defendant's van at an uncontrolled junction.
  2. The accident occurred at the junction of Havelock Link and Havelock Road.
  3. Havelock Link is a minor road with a stop line at the junction with Havelock Road.
  4. The plaintiff failed to stop at the stop line before entering the junction.
  5. The defendant was driving on Havelock Road, a major road, within the speed limit.
  6. The plaintiff's bicycle did not have headlights.
  7. The plaintiff crashed into the rear right side of the defendant’s van.

5. Formal Citations

  1. Cheung Fung (a patient) (suing by his litigation representative Goh Fun Cheng) v Shanmugam Thanabal, Suit No 470 of 2013, [2014] SGHC 271

6. Timeline

DateEvent
Accident between plaintiff and defendant
Plaintiff admitted to Accident and Emergency Department
Police report filed by the defendant
Plaintiff successfully extubated
Suit filed (Suit No 470 of 2013)
Defendant's expert conducted site survey
Defendant's expert conducted site survey
Plaintiff's expert visited the intersection
Plaintiff's expert visited the intersection
Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found the plaintiff solely negligent.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Failure to stop at a stop line
      • Contributory negligence
    • Related Cases:
      • [2008] 3 SLR(R) 1137
      • [1949] 1 AC 155
      • [1993] 1 SLR(R) 532
      • [1968–1970] SLR(R) 363
      • [2013] 1 SLR 207
      • [2007] 2 SLR(R) 211
      • 146 LT 391
      • [1952] 2 Lloyd’s Rep 490
      • [2005] 2 SLR(R) 455
      • [2002] 2 SLR(R) 321
      • [1965–1970] SLR(R) 200

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Motor Vehicle Accidents
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hum Weng Fong v Koh Siang HongHigh CourtYes[2008] 3 SLR(R) 1137SingaporeCited regarding the duty of care owed by road users.
London Passenger Transport Board v Upson and anotherHouse of LordsYes[1949] 1 AC 155England and WalesCited regarding the assessment of expert evidence and the circumstances of the moment.
Ng Weng Cheong v Soh Oh Loo and anotherHigh CourtYes[1993] 1 SLR(R) 532SingaporeCited regarding the Road Traffic (Pedestrian Crossings) Rules.
Ong Sim Moy and others v Ong Sim HoeHigh CourtYes[1968–1970] SLR(R) 363SingaporeCited regarding the obligation of drivers approaching junctions from minor roads.
Thorben Langvad Linneberg v Leong Mei KuenCourt of AppealYes[2013] 1 SLR 207SingaporeCited regarding the duty to anticipate negligence of others and the standard of care for motorists.
SBS Transit Ltd v Stafford Rosemary Anne Jane (administratrix of the estate of Anthony John Stafford, deceased)Court of AppealYes[2007] 2 SLR(R) 211SingaporeCited regarding the awareness of imperfections and mistakes made by other motorists.
Fardon v Harcourt-RivingtonUnknownYes146 LT 391England and WalesCited regarding guarding against reasonable probabilities versus fantastic possibilities.
Berrill v Road Haulage ExecutiveUnknownYes[1952] 2 Lloyd’s Rep 490England and WalesCited regarding anticipating foreseeable acts of negligence by other road users.
Ong Bee Nah v Won Siew Wan (Yong Tian Choy, third party)High CourtYes[2005] 2 SLR(R) 455SingaporeCited regarding the duty of a driver to slow down when approaching a junction.
Ng Swee Eng (administrator of the estate of Tan Chee Wee, deceased) v Ang Oh ChuanHigh CourtYes[2002] 2 SLR(R) 321SingaporeCited regarding contributory negligence in a road accident.
Mohamed Repin v Lim Yu KeeHigh CourtYes[1965–1970] SLR(R) 200SingaporeCited regarding accidents at major and minor road junctions.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic (Traffic Signs) RulesSingapore
Highway CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Negligence
  • Uncontrolled junction
  • Stop line
  • Duty of care
  • Contributory negligence
  • Perception reaction time
  • Havelock Link
  • Havelock Road

15.2 Keywords

  • Road accident
  • Negligence
  • Traffic law
  • Singapore
  • High Court
  • Personal injury

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law95
Negligence90
Personal Injury80
Automobile Accidents75
Evidence40
Measure of Damages30

16. Subjects

  • Tort
  • Road Accident
  • Civil Litigation