SELVARAJ S/O PACKIRISAMY v YAP CHEE MUN & 3 Ors

[2024] SGHCR 1 High Court Registrar 15 January 2024 • HC/OC 222/2023 ( HC/SUM 3365/2023 ) • 38 min read

17 cases cited (15 SG, 2 foreign) Cited by 1 case

Catchwords

Limitation of Actions — Particular causes of action — Tort — Whether the claimant’s claim in medical negligence for personal injuries is time-barred Civil Procedure — Striking out — Whether the claimant’s claim in medical negligence for personal injuries should be struck out in the interests of justice Civil Procedure — Striking out — Whether the claimant’s claim in medical negligence for personal injuries should be struck out for being an abuse of process

Practice Areas

Limitation of Actions Civil Procedure

Judges (1)

Gerome Goh Teng Jun Delivered

Counsel (3)

Dentons Rodyk & Davidson LLP Firm Audrey Sim Counsel Defendant Lydia Yeow Counsel Defendant

Parties (5)

Tan Tock Seng Hospital Defendant Hoi Wai Han Defendant Sanaullah Khan Defendant Selvaraj s/o Packirisamy Claimant Yap Chee Mun Defendant

Case Significance

Selvaraj s/o Packirisamy v Yap Chee Mun and others [2024] SGHCR 1 was decided in the General Division of the High Court of Singapore by AR Gerome Goh Teng Jun on 15 January 2024, in Originating Claim No 222 of 2023 (Summons No 3365 of 2023), with judgment reserved after hearings on 13 December 2023 and 15 January 2024. The claimant, Mr Selvaraj s/o Packirisamy, brought a medical negligence claim against four defendants: Dr Yap Chee Mun, Dr Hoi Wai Han, Dr Sanaullah Khan and Tan Tock Seng Hospital. The suit arose from his diagnosis with Type 2 Diabetes Mellitus and the defendants' treatment of him for that condition and a fall in 2015.

The claimant alleged that as a result he suffers several side effects and is permanently unable to seek gainful employment. The application before the court, Summons No 3365, was the defendants' application addressing whether the medical negligence claim was time-barred, whether it should be struck out for being an abuse of process, and whether it should be struck out in the interests of justice. The judgment cited the Limitation Act.

Summary

The claimant, Mr Selvaraj s/o Packirisamy, brought a medical negligence claim against three doctors and Tan Tock Seng Hospital, alleging that their diagnosis and treatment of him for Type 2 Diabetes Mellitus and a fall in 2015 left him with side effects and permanently unable to work. The defendants applied to strike out the statement of claim and dismiss the suit, arguing that the claim was time-barred and without factual basis. Assistant Registrar Gerome Goh Teng Jun agreed on both grounds, allowed the application, struck out the statement of claim and dismissed the suit with costs to be paid by the claimant to the defendants.

What was Selvaraj s/o Packirisamy v Yap Chee Mun [2024] SGHCR 1 about?

It concerned a medical negligence claim by Mr Selvaraj s/o Packirisamy against three doctors and Tan Tock Seng Hospital over his Type 2 Diabetes Mellitus treatment and a 2015 fall, with the defendants applying to strike out the claim and arguing it was time-barred. AR Gerome Goh Teng Jun heard it.

What did the defendants argue in the striking-out application in [2024] SGHCR 1?

The defendants' application raised whether the medical negligence claim was time-barred under the Limitation Act, whether it should be struck out as an abuse of process, and whether it should be struck out in the interests of justice, in Summons No 3365 of 2023.

Statutes Cited

Limitation Act (Cap 163) Cases on this Act →

s 24A(2) s 24A(2)(b) s 24A(4) s 6(1)

Cases Cited (17)

SG (4)

[2015] SGHC 52 [2017] SGHC 88 [2022] SGHC 309 [2023] SGHC 255

SLR (11)

[1992] 2 SLR(R) 469 [2000] 2 SLR(R) 455 [2006] 2 SLR(R) 13 [2008] 4 SLR(R) 165 [2009] 2 SLR(R) 814 [2014] 1 SLR 793 [2015] 1 SLR 875 [2017] 2 SLR 492 [2021] 3 SLR 364 [2021] 5 SLR 738 [2022] 2 SLR 1018

UK (2)

[1957] 1 WLR 582 [1998] AC 232

Cited By (1)

[2026] SGHCR 2

COREY MATHEW BERARD v TIDEWATER OFFSHORE OPERATIONS PTE LTD

Referenced in

Statutes interpreted in this judgment

Limitation Act

Legal concepts & references

Civil Procedure — Striking out Limitation of Actions — Particular causes of action

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHCR 1)