NAGARAJAN MURUGESAN v GRAND RICH ELECTRICAL & ENGINEERING PTE. LTD. & 2 Ors

[2024] SGHC 36 High Court (General Division) 8 February 2024 • HC/DCA 4/2023 • 55 min read
21 cases cited (17 SG, 4 foreign) Cited by 1 case

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (4)

Case Significance

Nagarajan Murugesan v Grand Rich Electrical & Engineering Pte Ltd and others [2024] SGHC 36 was decided by Dedar Singh Gill J in the General Division of the High Court on 8 February 2024, in District Court Appeal No 4 of 2023. The appellant, Mr Nagarajan Murugesan, an Indian national and construction labourer, was injured at a worksite after an excavator unexpectedly moved forward and collided into him. He had been employed by the first respondent, Grand Rich Electrical & Engineering Pte Ltd, from 15 January 2019 to 16 May 2019.

The judgment considered the liability of the appellant's employer, the main contractor and a third party whose construction site operated adjacent to the worksite where the accident took place. The second respondent, Yuan Ji Enterprises Pte Ltd, was the main contractor and occupier of the worksite located at Yishun Avenue 7, near Lamp Post 50; the third respondent was Eng Lee Engineering Pte Ltd. The court allowed the appeal to the extent stated in the judgment. The catchwords cover Tort (Negligence, Breach of duty) and Tort (Negligence, Contributory negligence), and the judgment references the Civil Law Act, the Contributory Negligence and Personal Injuries Act and the Evidence Act. The appellant was represented by Hoh Law Corporation; the respondents by PKWA Law Practice LLC and WhiteFern LLC.

Summary

In this District Court appeal to the General Division of the High Court, Mr Nagarajan Murugesan, a construction labourer who was injured when an excavator unexpectedly moved forward and collided into him at a worksite, appealed regarding the liability of his employer, the main contractor, and a third party whose adjacent construction site was involved. The issues concerned breach of duty in negligence and contributory negligence. The court allowed the appeal, finding the first respondent in breach for failing to implement adequate safety measures and the second respondent in breach for failing to coordinate between the worksites, assessing the appellant's contributory negligence at 10% and ordering judgment for the appellant against the respondents jointly and severally for 90% of damages to be assessed.

What was Nagarajan Murugesan v Grand Rich Electrical & Engineering Pte Ltd [2024] SGHC 36 about?

Decided by Dedar Singh Gill J on 8 February 2024, the case was a District Court appeal by a construction labourer injured when an excavator moved forward and collided into him. It considered the negligence liability of his employer, the main contractor and an adjacent third party.

What was the outcome of the appeal in [2024] SGHC 36?

The judgment records that Dedar Singh Gill J allowed the appeal to the extent stated in the judgment, addressing breach of duty and contributory negligence among the employer Grand Rich, main contractor Yuan Ji Enterprises and third party Eng Lee Engineering.

Statutes Cited

Contributory Negligence and Personal Injuries Act
s 3(1)

Cases Cited (21)

SG (5)
[2009] SGHC 6 [2013] SGHC 93 [2014] SGHC 177 [2021] SGHC(A) 1 [2023] SGHC 36
SLR (12)
[1999] 3 SLR(R) 377 [2002] 2 SLR(R) 321 [2007] 4 SLR(R) 100 [2007] 4 SLR(R) 513 [2012] 3 SLR 1038 [2014] 2 SLR 7 [2015] 3 SLR 201 [2016] 2 SLR 944 [2017] 2 SLR 1074 [2021] 2 SLR 1267 [2021] 4 SLR 1371 [2022] 2 SLR 743
UK (4)
[1943] AC 197 [1967] 1 AC 617 [2012] 3 WLR 1319 [2015] UKSC 5

Cited By (1)

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Liability apportioned in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 36)