In August 2022, a Singaporean man, Mr Chia Soo Kiang, was suing Tan Tock Seng Hospital (TTSH) and three doctors. He sought S$800,000 from them in damages for the death of his mother.
However, Justice Choo Han Teck dismissed the case in October 2022, finding that TTSH and the three doctors were not guilty.
On Friday (10 Mar), the court ordered Chia to pay S$756,000, along with other costs and expenses. The judge said this was partially because he refused to settle for a “reasonable offer” previously.
In August 2022, Chia accused TTSH and three doctors of being negligent when diagnosing his late mother, Tan Yaw Lan, causing her death in 2018.
Source: Glints
According to Channel NewsAsia (CNA), after Justice Choo dismissed the case in October 2022, the parties then entered a hearing over costs and disbursements.
Lawyers for the defendants argued that they offered S$15,000 to Chia to settle the case in April 2020. However, he chose not to accept the offer.
As a result, with the lawsuit dismissed, the court ordered Chia to pay S$756,000 to settle the costs of the trial.
He noted that the amount was “undoubtedly very high”. However, he also mentioned that “had the parties gone for mediation, a better idea of the merits of the case and the burden of costs may have been impressed upon them by the mediator, and we might have had a different outcome to this suit.”
CNA reported that TTSH and the three doctors asked for costs of action to be fixed at S$625,500 and disbursements at S$156,107.21.
After hearing submissions, Justice Choo found that lower costs were more appropriate and exercised his “discretion and order”, fixing them at S$600,000 instead. However, he found the costs for disbursements to be reasonable.
The sums used to pay three three experts who took the stand ranged from S$21,400 to S$56,422.50. Meanwhile, transcription costs came to S$13,080.70.
Another witness had to travel from Malaysia and stay in Singapore until she testified. As such, the costs for her incurred S$6,178.74.
Furthermore, the defendants’ lawyers argued that the court should consider Mr Chia’s conduct. One example cited was that he made a major amendment to the claim a week before the trial commenced.
Given that Chia refused the offer to settle, TTSH and the doctors need not bear costs that might have been saved. As such, Chia’s total sum to pay incurred to over S$756,000 in the end.
Said Justice Choo:
“Costs are not meant to punish a failed civil action, but when a reasonable offer to settle was refused and the party refusing ended worse off than the terms offered, the other party should not have to bear the resulting costs that might have been saved.”
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