Ng Kong Choon v Tang Wee Goh: Claim-Splitting Prohibition under Subordinate Courts Act
In Ng Kong Choon v Tang Wee Goh, the Singapore High Court addressed whether s 35 of the Subordinate Courts Act prohibits an insurer from suing through its insured to recover vehicle repair costs after the insured had already sued for uninsured loss and personal injury arising from the same road traffic accident. The court dismissed the appeal, finding that the plaintiff had impermissibly divided his cause of action in contravention of s 35 of the Subordinate Courts Act.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Registrar’s Appeal dismissed with costs. The Magistrate Court Suit stands as struck out.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on claim-splitting prohibition under s 35 of the Subordinate Courts Act in a road traffic accident case.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Kong Choon | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Tang Wee Goh | Defendant, Respondent | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- Ng Kong Choon (NKC) and Tang Wee Goh (TWG) were involved in a road traffic accident.
- NKC's vehicle was hit from the rear by TWG's vehicle.
- NKC filed multiple writs against TWG for uninsured loss, personal injury, and cost of repairs.
- The claims for uninsured loss and personal injury were settled out of court.
- Allianz, NKC's insurer, brought a subrogation action to recover the cost of repairs.
- TWG sought to strike out the Repairs Writ, arguing it was a breach of s 35 of the Subordinate Courts Act.
- Two discharge vouchers were executed by NKC in relation to the settlements.
5. Formal Citations
- Ng Kong Choon v Tang Wee Goh, Magistrates’ Courts Suit No 11423 of 2013 (Registrar’s Appeal (State Courts) No 166 of 2013), [2016] SGHC 83
- Ng Kong Choon v Tang Wee Goh, , [2013] SGMC 9
6. Timeline
| Date | Event |
|---|---|
| Road traffic accident occurred | |
| Allianz paid the cost of repairs | |
| MC Suit No 7643 of 2010 filed by NKC to recover his uninsured loss | |
| Uninsured Loss Writ served | |
| Global Law wrote to TWG and NTUC Income to give notice of Allianz’s intention to bring a subrogation action | |
| MC Suit No 20269 of 2010 filed | |
| MC Suit No 8560 of 2011 filed | |
| Order for substituted service granted | |
| Discharge voucher executed | |
| Notice of Discontinuance in respect of MC Suit 7643/2010 filed | |
| MC Suit No 1204 of 2012 filed to recover damages for personal injury | |
| Personal Injury Writ served | |
| April 2011 Writ served on NKC by way of posting a copy of the same on NKC’s front door | |
| April 2011 Writ served on NKC by way of posting a copy of the same on the notice board of the Subordinate Courts | |
| Global Law wrote to NTUC Income | |
| Discharge voucher executed | |
| Notice of Discontinuance in respect of MC Suit 1204/2012 filed | |
| Repairs Writ filed | |
| TWG entered appearance | |
| TWG filed Summons No 9210 of 2013 to strike out MC Suit 11423/2013 | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Claim-Splitting Prohibition
- Outcome: The court held that the plaintiff had impermissibly divided his cause of action in contravention of s 35 of the Subordinate Courts Act.
- Category: Substantive
- Sub-Issues:
- Division of cause of action
- Bringing multiple actions
- Related Cases:
- [2016] 2 SLR 1
- [2007] 4 SLR(R) 100
- Interpretation of Discharge Vouchers
- Outcome: The court held that the 2012 Discharge Voucher was to settle the personal injury claim only and the cost of repairs claim was outside the scope of the 2012 Discharge Voucher.
- Category: Substantive
- Sub-Issues:
- Scope of release
- Intention of parties
- Related Cases:
- [2002] 1 AC 251
- [2008] 3 SLR(R) 1029
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Insurance
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The “Bunga Melati 5” | Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited for the language used to describe the Repairs Writ as “legally unsustainable”. |
| Goh Nellie v Goh Lian Teck and others | High Court | Yes | [2007] 1 SLR(R) 453 | Singapore | Cited to define the umbrella doctrine of res judicata and its three conceptually distinct though interrelated principles. |
| Pioneer Concrete (Vic.) Pty. Ltd. v L. Grollo & Co. Pty. Ltd.; Consolidated Quarries Ltd. v L. Grollo & Co. Pty. Ltd. | Supreme Court of Victoria | Yes | [1973] VR 473 | Australia | Cited for observations on the absence of any statutory rule preventing a plaintiff from dividing his cause of action in a court of unlimited jurisdiction. |
| Henderson v Henderson | High Court of Chancery | Yes | (1843) 3 Hare 100 | England and Wales | Cited as the basis for the NTUC Income's objection to any subrogation action. |
| Johnson v Gore Wood & Co (a firm) | House of Lords | Yes | [2002] 2 AC 1 | United Kingdom | Cited for the principle that there can be an abuse of process in litigating issues already determined in prior litigation or concluded by settlement. |
| Bank of Credit and Commercial International SA v Ali and others | House of Lords | Yes | [2002] 1 AC 251 | United Kingdom | Cited for the rule of interpretation that applies to a general release. |
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | Court of Appeal | Yes | [2008] 3 SLR(R) 1029 | Singapore | Cited for the approach to construction that resonates in determining the scope of a release. |
| Davidson v North Down Quarries Limited | High Court of Northern Ireland | Yes | [1988] NI 214 | Northern Ireland | Cited as an example of a case with striking similarities to the present case, where there was no breach of the provision equivalent to s 35 because there were two causes of action. |
| Brunsden v Humphrey | Court of Appeal | Yes | (1884) 14 QBD 141 | England and Wales | Cited for the proposition that a wrongful act resulting in personal injury and property damage gives rise to two causes of action, but ultimately not followed in Singapore. |
| Buckland v Palmer | Court of Appeal | Yes | [1984] 1 WLR 1109 | England and Wales | Cited for the question of whether separate actions can be brought for different parts of damaged property. |
| Cahoon v Franks | Supreme Court of Canada | Yes | (1967) 63 DLR (2d) 274 | Canada | Cited as a case where Brunsden was not followed, and the court held that the amendments did not set up a new cause of action. |
| Multistar Holdings Ltd v Geocon Piling & Engineering Pte Ltd | Court of Appeal | Yes | [2016] 2 SLR 1 | Singapore | Cited for the definition of "cause of action" as the essential factual material that supports a claim. |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for establishing a single test to determine the imposition of a duty of care in all claims arising out of negligence, irrespective of the type of damages claimed. |
| Yan Jun v Attorney-General | Court of Appeal | Yes | [2015] 1 SLR 752 | Singapore | Cited as an illustration of a situation where a common set of facts could give rise to multiple causes of action. |
| In re Aykroyd, in a Plaint of Grimbly v Aykroyd | Court of Exchequer | Yes | (1847) 1 Ex. 479 | England and Wales | Cited for the relevant provision was the 63rd section of the Small Debts Act, 9 & 10 Vict. c. 95. |
| Victor Romans v Bradley Barrett | Court of Appeal | Yes | (1979) 28 WIR 99 | Jamaica | Cited for a similar provision in s 73 of the Judicature (Resident Magistrates) Act. |
| Lun Tai Insurance Co. Ltd. and Lee Ying-Lin alias Lee Kwok-Kee | District Court | Yes | [1965] HKCU 85 | Hong Kong | Cited for the relevant provision was s 16 of the District Court (Civil Jurisdiction and Procedure) Ordinance (Cap 336). |
| Seagate Technology Pte Ltd and another v Goh Han Kim | High Court | Yes | [1994] 3 SLR(R) 836 | Singapore | Cited for the insured’s duty not to prejudice the insurer’s right of subrogation. |
| Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee) | High Court | Yes | [2011] 3 SLR 610 | Singapore | Cited as an example of an application for provisional damages under s 18(2) read with paragraph 16 of the First Schedule of the SCJA. |
| Greenline-Onyx Envirotech Phils, Inc v Otto Systems Singapore Pte Ltd | Court of Appeal | Yes | [2007] 3 SLR(R) 40 | Singapore | Cited for the public policy of encouraging litigants to settle their differences rather than to litigate them to the finish. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
| O 18 r 19(1)(b) of the Rules of Court |
| O 18 r 19(1)(d) of the Rules of Court |
| O 20 r 5(5) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 10 r 1(3) of the ROC 2006 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Subordinate Courts Act | Singapore |
| Section 35 of the Subordinate Courts Act | Singapore |
| Section 52(2) of the Subordinate Courts Act | Singapore |
| Supreme Court of Judicature Act | Singapore |
| Section 18 of the Supreme Court of Judicature Act | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Section 24A(2) of the Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Claim-splitting
- Subrogation
- Discharge voucher
- Cause of action
- Res judicata
- Uninsured loss
- Personal injury
- Cost of repairs
- Division of cause of action
- Multiplicity of proceedings
15.2 Keywords
- claim-splitting
- subrogation
- road traffic accident
- Singapore
- Subordinate Courts Act
- negligence
- discharge voucher
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Statutory Interpretation | 65 |
| Contract Law | 60 |
| Breach of Contract | 50 |
| Automobile Accidents | 40 |
| Personal Injury | 30 |
| Torts | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Statutory Interpretation
- Tort Law
- Insurance Law