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Family Law

The leading authority on all aspects of family law

12 NOV 2014

Chai v Peng [2014] EWHC 3518 (Fam)

Chai v Peng [2014] EWHC 3518 (Fam)
The English court had jurisdiction to hear financial remedy proceedings based upon the wife's habitual residence in England and Wales and she was not estopped from continuing with proceedings by a finding of forum conveniens by the Malaysian court.

[The judicially approved judgment and accompanying headnote has now published in the Family Law Reports [2015] 2 FLR 424]


Case No: FD 13 D00747D

Neutral Citation Number: [2014] EWHC 3518 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Friday, 17th October 2014

Before: MR. JUSTICE BODEY

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Between:

PAULINE SIEW PHIN CHAI
Petitioner

- and -

TAN SRI KHOO KAY PENG
Respondent

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MR. RICHARD TODD QC, MR. NICHOLAS YATES and MR. THOMAS HARVEY (instructed by Messrs. Vardags) appeared for the Petitioner
MR. TIMOTHY SCOTT QC, MR. PETER DUCKWORTH and MR. JAMES PULLEN (instructed by Shakespears LLP) appeared for the Respondent

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JUDGMENT
RE: JURISDICTION AND FORUM CONVENIENS
[JUDGMENT 2]

[This is Judgment No 2 of two given today. It is imperative that is it is read together with Judgment No 1 where the necessary introductory matters and background are set out. I will not repeat them here. I have checked and approved it under considerable pressure of time and other work, so that it will be available for the Court in Malaysia at the imminent hearing there.]

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