Soshila Keswani v. Motiram Keswani
Read the full judgment text of CAMP 227/2019 on BabelCite. This Court of Appeal judgment was delivered on 6 January 2020.
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.
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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) ________________________ BETWEEN
________________________ Before: Hon Kwan VP and Cheung JA in Court Date of Decision: 6 January 2020 ________________________ D E C I S I O N ________________________ 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.
Mr Roy Lau, instructed by Francis Kong & Co., for the plaintiff Mr Thomas Wong, instructed by Wilkinson & Grist, for the defendant |
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