SOSHILA KESWANI v. MOTIRAM KESWANI
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CAMP 227/2019
[2020] HKCA 32
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO. 227 OF 2019
(ON AN INTENDED APPEAL FROM DCCJ NO. 579 OF 2013)
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BETWEEN
| SOSHILA KESWANI | Plaintiff | |
| and | ||
| MOTIRAM KESWANI | Defendant |
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Before: Hon Kwan VP and Cheung JA in Court
Date of Decision: 6 January 2020
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D E C I S I O N
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Hon Cheung JA (giving the Decision of the Court):
1. We are of the view that it is reasonably arguable that the judge below had erred on his finding on non est factum and in declaring that the Deed of Family Arrangement dated 13 June 2002 and the Vesting Assignment dated 3 September 2002 were void between the plaintiff and defendant in the absence of the other parties to these documents. Accordingly we will grant leave to appeal with costs in the cause of the appeal.
2. The plaintiff is to file and serve a notice of appeal as per the draft submitted within 14 days.
| (Susan Kwan) | (Peter Cheung) |
| Vice-President | Justice of Appeal |
Mr Roy Lau, instructed by Francis Kong & Co., for the plaintiff
Mr Thomas Wong, instructed by Wilkinson & Grist, for the defendant