LO KOK JONG v ENG BENG

Case Significance

Lo Kok Jong v Eng Beng [2024] SGCA 28 was a civil appeal decided by the Court of Appeal of Singapore on 8 August 2024, with Steven Chong JCA delivering the grounds of decision of the court, sitting with Sundaresh Menon CJ and Tay Yong Kwang JCA. The appeal, in Civil Appeal No 4 of 2024, arose from District Court Suit No 1467 of 2020 in which Eng Beng was the plaintiff and Lo Kok Jong the defendant. The case concerned a claim arising from a road accident, which would typically comprise general damages for pain and suffering and special damages for medical and other expenses.

The central issue addressed in the grounds of decision was how government subsidies and grants that defray medical expenses interact with the rule against double recovery in tort claims. The court observed that such subsidies and grants are payable, subject to certain criteria, upon the incurrence of medical expenses generally and not only in the context of accident injuries, and that claims including subsidies not paid for by the victim would on their face offend the rule against double recovery. The grounds noted a tendency in some decisions to analogise government payouts with the recognised exceptions to that rule. The appellant was represented by counsel from Legal Solutions LLC including Yeo Kim Hai Patrick, Lim Hui Ying and Ooi Jingyu, and the respondent by VM Vidthiya of Victory Law Chambers LLC.