Ex-Miss M'sia fails to stay court ruling
Published on: Saturday, January 24, 2015
ADVERTISEMENT
style="text-transform: uppercase;">
Kuala Lumpur: Former Miss Malaysia Puan Sri Pauline Chai Siew Phin Friday failed to stay a ruling that a Malaysian court had jurisdiction to hear a divorce petition brought by her husband, Tan Sri Khoo Kay Peng. High Court judge Datuk Yeoh Wee Siam dismissed Chai's application for a stay of execution of the court's ruling on Nov 28 last year, pending an appeal to the Court of Appeal.
Justice Yeoh ordered Chai to pay RM4,000 in costs to her husband.
ADVERTISEMENT In her judgment, Yeoh said in coming to the decision, the court also considered the age of the plaintiff (Khoo), who is currently 75 years old.
"This in the interest of justice, the balance of hardship is weighted in favour of the plaintiff and he should be allowed to proceed unhindered with his divorce petition," she said.
She said a stay would substantially prejudice the plaintiff if he was not allowed to proceed in accordance with the Nov 28's court order.
Yeoh said, the defendant (Chai) also submitted on the medical condition of their child, Alex, who has Asperger's Disease (autism).
ADVERTISEMENT "That issue was already adressed in the ruling on Nov 28, last year, and I don't think Alex's condition is a special circumstance to justify a stay," the judge said.
The judge said the issue of public policy could not amount to special circumstances in the case because the divorce petition was between two private individuals in two different jurisdictions and nothing more.
"Even if a stay is not allowed here, it does not mean that it would scuttle the proccedings in the English High Court or cause any confusion between the two jurisdictions," she said.
She made the ruling after hearing submissions by counsel Andrew Yong representing Chai and counsel A. Romesh representing Khoo.
On Nov 28, last year, Yeoh allowed Khoo's application to determine whether a Malaysian court had jurisdiction to hear the petition brought by him against his wife.
On Feb 27, 2013, Khoo, 75, filed an application for dispensation of the need to go before a conciliatory body for reconciliation before divorce, and to determine a preliminary issue of whether a Malaysian court had the jurisdiction to hear his divorce petition.
Chai, 68, on the same day, filed a divorce petition in a London court, seeking a £500-million (about RM2.75-billion) settlement.
Chai wanted the English court to decide on the divorce proceedings as she claimed that she was no longer domiciled in Malaysia since 1980 and currently lived in England.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
Khoo, who is chairman of international investment holdings company Malayan United Industries Bhd, which is primarily engaged in retailing, hotels, food and confectionery, financial services and property, and currently resides in Ampang, Kuala Lumpur, had filed the divorce petition in the Malaysian court.
Khoo and Chai were married in 1970 and have five children. – Bernama