Former CJ Eusoff Chin passes on, long will the Rakyat remember him

Why a guy, a Malaysian Tun.  Another is Tun Dr Mahathir. And what is a Tun in Malaysia?

 

A Tunship is the highest federal honorary title in Malaysia. It is conferred exclusively by the Yang di-Pertuan Agong (the King) to individuals who have given extraordinary and supreme service to the nation. There is a strict legal cap keeping the number of living Tun title-holders at a maximum of 25 to 35 people per specific order at any one time.

 

 Ex–CJ Eusoff Chin gone but not forgotten. Why will the late CJ be long remembered?

 

During his tenure as Chief Justice, Tun Mohamed Eusoff Chin presided over or was heavily involved in several highly publicized, landmark, and controversial cases in Malaysia's legal history: [1]

1. Adorna Properties Sdn Bhd v. Boonsom Boonyanit (2000)

This is his most famous and heavily debated landmark ruling regarding land ownership and the National Land Code. [1]

• The Case: A Thai landowner, Boonsom Boonyanit, lost her land in Penang after a fraudster forged her signature to sell it to Adorna Properties. [1, 2]
• The Ruling: Eusoff Chin presided over the Federal Court bench which ruled that an immediate purchaser acquired an indefeasible (unshakable) title to a property even if the underlying land title transfer document was completely forged. [1, 2]
• The Aftermath: The ruling caused widespread alarm among landowners and foreign investors. It stood for a decade as binding precedent until it was explicitly overturned by a five-member Federal Court panel in 2010 for misconstruing the law. [1, 2, 3, 4]

2. The Ayer Molek Case (1995)

Considered one of the most controversial corporate disputes in the country's history, Ayer Molek Rubber Company v. Insas Bhd involved an intense battle over the transfer of company shares. [1]

• The Conflict: The case became infamous over sudden, unusual changes made to the composition of the Federal Court panel that heard the final appeal. [1]
• The Allegations: The case later drew severe public scrutiny when allegations surfaced from retired judges via The Malaysian Bar stating that Eusoff Chin had allegedly attempted to interfere with or influence the Court of Appeal judges assigned to the case. [5]

3. High-Profile Mega-Libel Suits (Late 1990s)

Eusoff Chin's judiciary oversaw an era marked by massive defamation payouts awarded to prominent corporate figures and politicians, which critics argued stifled free speech. [6]

• Notable Judgments: He presided over appeals concerning astronomical multi-million ringgit defamation awards, such as those involving prominent businessmen suing journalists, international publications, and political critics (e.g., the corporate libel suits upheld at the Federal Court level in 2000). [6]

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Here are some more footprints of this Tun ::

• The Damning conclusions from Lingam video findings aka the VK Lingam Royal Commission of Inquiry that investigated his judicial administration.
• How the concept of indefeasibility in Malaysian land law shifted after his 2000 ruling was overturned. [1, 3]

Worthy read at the Bar Council :: Ex–CJ Eusoff Chin gone but not forgotten :: 30th Oct 2007

 

 PMx has some good things to say of the late Tun :: Anwar mourns passing of former CJ Tun Mohamed Eusoff Chin, hails judicial contributions