Former Miss Malaysia Puan Sri Pauline Chai Siew Phin (centre) had her application for a stay dismissed in her divorce trial brought by her husband, Tan Sri Khoo Kay Peng. – The Malaysian Insider file pic, January 23, 2015. Former Miss Malaysia Puan Sri Pauline Chai Siew Phin today 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 November 28 last year, pending an appeal to the Court of Appeal.Yeoh ordered Chai to pay RM4,000 in costs to her husband.In her judgment, Yeoh said in coming to the decision, the court also considered Khoo’s age. He is 75 years old."This in the interest of justice, the balance of hardship is weighted in favour of Khoo 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 November 28's court order.Yeoh said, Chai also submitted on the medical condition of their child, Alex, who has Asperger's Disease."That issue was already addressed in the ruling on November 28 last year, and I don't think Alex's condition is a special circumstance to justify a stay," the judge said.She 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 proceedings in the British high court or cause any confusion between the two jurisdictions," she said.She made the ruling after hearing submissions by counsel Andrew Yong, who represented Chai, and counsel A. Romesh, who represented Khoo.Yeoh on November 28 last year 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 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.She wanted the English court to decide on the divorce proceedings as she claimed that she no longer resided in Malaysia and lived in England since 1980.Khoo, who is chairman of international investment holdings company Malayan United Industries Bhd, filed the divorce petition in the Malaysian court.Khoo and Chai were married in 1970 and have five children. – Bernama, January 23, 2014.
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