It was with great relief that the Federal court in Tan Ying Hong's case set aside the controversial judgement of the then Chief Justice Tun Eusoff Chin in 2000.However it is regretful that the decision of the Federal court will not restore the rights of Boonsom whose land was fraudulently transferred to Adorna.It is Tan Ying Hong who will benefit from the landmark reversal of the Boonsom Vs Adorna case.
There was never in doubt that Boonsom's land was fraudulently transferred to Adorna and the transfer was an error in judgement that was ' obvious and blatant'.
If it was now proven that there indeed there was fraud involved in the transfer of the Boonsom property then is it not logical and justifiable that the rightful ownership of the property should be restored to the agrieved party which was Boonsom.
Justice cannot be so blind that after knowing that an injustice has occurred and the judiciary have corrected that injustice should now remain oblivious to the plight of Boonsom whose land was transferred to another party through fraudulent means.Boonsom has every right to expect the judiciary to correct the injustice which was no fault of Boonsom but the fault of the judiciary that decided the case under the former Chief Justice, Tun Eusof Chin. The common adage that justice must not only be done but must be seen to be done is certainly applicable in this instance.
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