The High Court has dismissed the application of billionaire Khoo Kay Peng's wife for a stay on the decision that the couple's divorce petition can be heard in Malaysia, pending her appeal.

 

Justice Yeoh Wee Siam ruled that former beauty queen Pauline Chai's appeal is not a ground for a stay to be granted under the Courts of Judicature Act 1964.

The judge said she took into account various factors, if special circumstances are justified.

These include the legal doctrine of couverture, which applies in Malaysia and whether the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) has any impact regarding domicile.

The judge said Chai ( right ), as a wife, has a domicile of her choice, independent of her husband.

“I believe there are further matters as grounds for appeal at the Court of Appeal. I've considered all these issues and I have addressed all the issues in Nov 28 judgment.

“Merits of an appeal do not constitute special circumstances that justify a stay,” Justice Yeoh ruled.

Romesh Abrahim appeared as the counsel for Khoo, while Andrew Yong represented Chai.

Given Khoo is already 75-year-old and aged, the judge also stated he should be allowed to proceed with his divorce unhindered.

Weighing the balance of hardship

“In the interest of justice, the balance of hardship is weighed in favour of the plaintiff,” she added.

Touching on the issue of public policy, which the Chai’s lawyers argued as one of the special circumstances, the judge also said this reason was not valid.

“The respective divorce petitions are 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 English High Court or cause any confusion between the two jurisdictions,” Justice Yeoh said.

The judge then instructed Chai to pay RM4,000 in costs.

The Court of Appeal court has fixed Jan 27 for case management  

Justice Yeoh in her earlier ruling had said the High Court in Kuala Lumpur has the right to hear the divorce petition brought by Khoo as the court was satisfied that Malaysia is the country of domicile of both parties.

Khoo and Chai were married in 1970 and have five children.