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Judgment · jid 4400 · pdb #3792

In the Matter of Trina Solar Limited (Costs Appeal Leave Application) - Judgment

FSD 0138/2017 (NSJ) · 2017-12-01

Leave to appeal costs order; costs principles following dismissal/strike‑out of winding‑up petition; petitioners’ standing; inability‑to‑pay test; alleged improper purpose; alternative remedies; threshold for appellate interference with costs discretion

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Validation flags (3): cause_number judgment_date court
Full metadata
Cause Number FSD 0138/2017 (NSJ)
Court CIGC (FSD)
Judge Segal J
Parties In the Matter of Trina Solar Limited (Costs Appeal Leave Application) - Judgment
Judgment Date 2017-12-01
Subject Leave to appeal costs order; costs principles following dismissal/strike‑out of winding‑up petition; petitioners’ standing; inability‑to‑pay test; alleged improper purpose; alternative remedies; threshold for appellate interference with costs discretion
Filename (current) 17-12-01-Trina-Solar-Limited-Application-for-Leave-to-Appeal-Costs-Decision.pdf
File MD5 b19d2fa22c5904091c0ff22ca82f6aab
Source pipeline pdb
PDB record ID 3792
PDB URL https://judicial.ky/n0c-storage/judgments-repository2/17-12-01-Trina-Solar-Limited-Application-for-Leave-to-Appeal-Costs-Decision.pdf
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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0138/2017 (NSJ)
In the Matter of Trina Solar Limited (Costs Appeal Leave Application) - Judgment
Before
Segal J
Judgment delivered 2017-12-01

IN THE GRAND COURT OF THE C
In the present case, the question arose
should not or failing to take into account
The background in brief

The
(c). on Wednesday 5 July (
(g). on Monday 10 July
July and I indicated that it seemed to
that it intended to pay the payments due
without any evidence of or belief in the
In her skeleton argument Ms Newman Q.C
of default and the presentation of the Pet
make a winding up order is comparatively straightforward
serious default requiring a clear and strong justification
unreasonable” rather than suffer the losses
petition being presented in the context of a
demand and start the winding up process all

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