Chai v Peng

Chai v Peng

The court awarded interim maintenance and legal costs to the wife, finding that she reasonably required support pending further hearings, and that such an order did not interfere with foreign proceedings. The quantum was limited to £35,000 per month for two months plus £100,000 for legal costs, all to be paid on account of her claims in any jurisdiction.

Parties
Petitioner/wife: Pauline Siew Phin Chai; Respondent/husband: Tan Sri Dr Khoo Kay Peng
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Family / Application for Further Maintenance Pending Suit
Outcome
application granted in part
Legal Topics
Maintenance Pending Suit, Forum Non Conveniens, Financial Provision, Costs
Family Law Maintenance Pending Suit Forum Non Conveniens Financial Provision Costs

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Parties

Pauline Siew Phin Chai

Petitioner/wife

Tan Sri Dr Khoo Kay Peng

Respondent/husband

Procedural Posture

Family / Application for Further Maintenance Pending Suit

Legal Issues

  1. 1 Whether further maintenance pending suit should be awarded to the wife
  2. 2 Whether the English court has jurisdiction to make maintenance orders pending suit given parallel proceedings in Malaysia
  3. 3 Appropriate quantum for maintenance and legal costs

Ratio Decidendi

The court awarded interim maintenance and legal costs to the wife, finding that she reasonably required support pending further hearings, and that such an order did not interfere with foreign proceedings. The quantum was limited to £35,000 per month for two months plus £100,000 for legal costs, all to be paid on account of her claims in any jurisdiction.

Court Disposition

application granted in part

Orders

  • Husband to pay wife £170,000 forthwith, apportioned as £70,000 for general maintenance and £100,000 for legal costs, all on account of her claims in any jurisdiction.
  • Husband to continue to discharge undertakings regarding medical, dental, and running costs of Hertfordshire property.