In the matter of Re Trina Solar Limited - Judgment on Interim Payments Application
Application by dissenting shareholders in section 238 appraisal proceedings for interim payments – Company’s appeal to the Privy Council pending – amount of interim payments agreed – Company asserted that dissenting shareholders had failed to provide adequate evidence of their ability to repay any overpayment in the event that Company’s appeal was successful - dispute as to whether evidence of risk of irrecoverability could be taken into account where the quantum of the interim payments was agreed and whether evidence established such a risk to the requisite standard. Company Law; Shareholder Appraisal Rights; Civil Procedure; Interim Relief
| Cause Number | FSD 0092/2017 (NSJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Segal J |
| Parties | In the matter of Re Trina Solar Limited - Judgment on Interim Payments Application |
| Judgment Date | 2024-08-09 |
| Subject | Application by dissenting shareholders in section 238 appraisal proceedings for interim payments – Company’s appeal to the Privy Council pending – amount of interim payments agreed – Company asserted that dissenting shareholders had failed to provide adequate evidence of their ability to repay any overpayment in the event that Company’s appeal was successful - dispute as to whether evidence of risk of irrecoverability could be taken into account where the quantum of the interim payments was agreed and whether evidence established such a risk to the requisite standard. Company Law; Shareholder Appraisal Rights; Civil Procedure; Interim Relief |
| Filename (current) | 24-08-09-In-the-matter-of-Re-Trina-Solar-Limited-Interim-Payments-Judgment.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | — | 1 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 1 |
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