On April 24, 1978 one Cheah Soi Moi (hereafter referred to as the deceased) was involved in a fatal accident. The motorcycle which he was riding was knocked into by a motorcar and he was killed.

On July 17, 1979 M/s Tan and Tan acting for the mother of the deceased filed an action in the Sessions Court on behalf of the mother of the deceased. She sued the car driver as an administratrix of the deceased's estate and on her own behalf as a dependant for damages under sections 7 and 8 of the Civil Law Act 1956.

The Summons was served on July 28, 1979. The case was first mentioned on August 16, 1979. By the second mention date on August 30, 1979 no defence had been filed and an Order was made precluding the defendant from defending the action.

Thereafter the case was fixed for hearing to assess the damages to be paid.

However, the case was not proceeded with on October 4, 1979 because plaintiff had gone to Canada. It was adjourned to February 7, 1980. On that day Mr. Matthew Varughese appeared for the defendant.

The case was postponed to February 28, 1980 and thereafter there were 6 further postponements before the trial actually began on November 6, 1980, with Mr. Tan Hock K