The Federal Court in Putrajaya today ordered the High Court to hear expeditiously on the jurisdiction and domicile issues in a matrimonial battle between a former Miss Malaysia and her estranged billionaire husband.

A five-member panel chaired by Federal Court judge Suriyadi Halim Omar refused to grant leave to Khoo Kay Peng, 74, to appeal against a Court of Appeal decision which had ordered the case to be remitted back to the High Court for determination on the two issues.

Following this decision, the High Court now has to hear and decide on Khoo’s wife, Pauline Chai Siew Phin’s domicile and on the jurisdiction of which court - whether the court in Malaysia or in England - could hear their divorce case.

In dismissing Khoo’s application for leave to appeal, Suriyadi Halim said the court found he had failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.

“We had the opportunity to discuss. Regretfully, we are going to have some unhappy people around,” he said.

The quorum which also comprised Federal Court judges Ahmad Maarop, Jeffrey Tan Kok Wha, Mohamed Apandi Ali and Abu Samah Nordin, had also dismissed Chai’s application for leave to appeal against part of the Court of Appeal’s decision which rejected her appeal for a stay order.

Chai, 67, the Miss Malaysia/International 1969, sought for a stay of all court proceedings in Malaysia intiated by Khoo, pending outcome of her divorce proceedings in England.

The English court has fixed a 10-day hearing date starting Sept 29, for substantive trial on whether it had jurisdiction to hear the divorce proceedings.

Suriyadi Halim, meanwhile, also ordered both Khoo and Chai to bear their own legal costs for the proceedings in the Federal Court today.

Last April 22, the Court of Appeal remitted the case back to the High Court  in Kuala Lumpur for a fresh trial to be conducted to determine the jurisdiction and domicile issues after ruling that there were too many disputed facts.

It (the Court of Appeal) had set aside the High Court’s Dec 11, 2013 decision which allowed Khoo to do away with meeting a conciliatory body in London and had also ruled that Khoo could file his divorce petition in Malaysia.

Chai wanted the English Court to decide on the divorce proceedings as she claimed she was no longer domiciled in Malaysia since 1980, and currently lived in England.

RM500mil pound settlement sought

In February last year, she filed the divorce petition in a London court, seeking a 500-million pound (approximately RM2.75 billion) settlement.

Khoo, who is chairperson of international investment holdings company, Malayan United Industries Bhd which primarily engaged in retailing, hotels, food and confectionery, financial services and property, and currently resides in Ampang, Kuala Lumpur, Malaysia had filed the divorce petition in the Malaysian court.

The couple were married in 1970 and have five children.

It was reported that Chai would get less in matrimonial properties if the matter was decided according to Malaysian law.

Khoo was represented by lawyer Dr CV Das while Chai was represented by Malik Imtiaz Sarwar.

- Bernama