SOSHILA KESWANI v. MOTIRAM KESWANI

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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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.