Peter Lau Hui Han asked:
What are the realistic recourses available to the grandchildren of Boonsom RE: the Adorna Properties case?
Unfortunately, there is no recourse available in the Court of Law for the grandchildren of Boonsom based on the following propositions:
- The law does not take effect retrospectively. As such, although the recent case such as Tan Ying Hong v Tan Sian San shows that the decision in Boonsom v Adorna ought not to be followed, the decision would not affect the judgment that has been given to Boonsom’s case.
- Res judicata. They could not file a suit based on the same cause of action which has been heard and decided in court.