SALMIZAN BIN ABDULLAH v CRAPPER IAN ANTHONY
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Damages, Tort |
| Counsel | Providence Law Asia LLC, Tan Chin Hoe & Co, Tommy Choo, Mark Go LLC, Leo Zhi Wei, Ling Leong Hui, Siew Jey Ren, Tan Seng Chew Richard |
Source: [2023] SGHC 75, High Court (General Division), decided — eLitigation. Updated .
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Judges (1)
Counsel (7)
Parties (2)
Case Significance
Salmizan bin Abdullah v Crapper, Ian Anthony [2023] SGHC 75 was decided by Goh Yihan JC in the General Division of the High Court, Suit No 377 of 2022 (Summons No 3827 of 2022), heard on 12 January 2023 with judgment reserved and delivered on 30 March 2023. The defendant applied under O 33 r 2 of the Rules of Court 2014 for the preliminary determination of three questions of law on whether causation could be reserved to the assessment of damages stage in a negligence claim, and on how different types of damage relate to the cause of action. The court had the assistance of young independent counsel Ms Leo Zhi Wei.
Summary
In a personal injury motor accident claim, the defendant applied for the preliminary determination of questions of law on whether, and to what extent, causation could be reserved to the assessment of damages stage. The court answered that causation cannot be reserved in whole to that stage, and answered a reframed version of the further questions in the negative with qualifications. It held that once interlocutory judgment established liability the defendant could not challenge it, though issues about the extent of proven damage remained for the assessment stage.
What was Salmizan bin Abdullah v Crapper, Ian Anthony [2023] SGHC 75 about?
The defendant applied under O 33 r 2 of the Rules of Court 2014 for preliminary determination of three questions of law on whether causation in a negligence claim can be reserved to the assessment of damages stage. Goh Yihan JC heard the application on 12 January 2023.
What questions of law were raised in Salmizan bin Abdullah v Crapper ([2023] SGHC 75)?
The three questions asked whether causation can be reserved in toto to the assessment of damages stage, and if not, whether it can be reserved where parties accept the claimant suffered special damages, or general damages, causally connected to the defendant's breach of duty.
Statutes Cited
Cases Cited (49)
Cited By (6)
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 75)