Judgment
Maso Capital Investments Ltd and Blackwell Partners LLC - Series A v Trina Solar Limited - Reasons for Decisions to Dismiss Appeal
Civ App 0026/2017 · 2017-12-18
Appeal from refusal of worldwide freezing injunction in section 238 proceedings under the Companies Law (2016 Revision); Determination of fair value of dissenting shareholders’ shares following merger; Threshold for granting freezing injunction: good arguable case, real risk of dissipation, and just and convenient test; Assessment of expert valuation evidence and its impact on injunctive relief; Directors’ duties in making provision for contingent liabilities; Role of post-merger restructuring and asset transfers in evaluating dissipation risk; Procedural fairness regarding late evidence and opportunity to respond.
Full metadata
| Cause Number | Civ App 0026/2017 |
|---|---|
| Court | CICA (Civ) |
| Judge | Martin JA, Moses JA, Newman JA |
| Parties | Maso Capital Investments Ltd and Blackwell Partners LLC - Series A v Trina Solar Limited - Reasons for Decisions to Dismiss Appeal |
| Judgment Date | 2017-12-18 |
| Subject | Appeal from refusal of worldwide freezing injunction in section 238 proceedings under the Companies Law (2016 Revision); Determination of fair value of dissenting shareholders’ shares following merger; Threshold for granting freezing injunction: good arguable case, real risk of dissipation, and just and convenient test; Assessment of expert valuation evidence and its impact on injunctive relief; Directors’ duties in making provision for contingent liabilities; Role of post-merger restructuring and asset transfers in evaluating dissipation risk; Procedural fairness regarding late evidence and opportunity to respond. |
| Filename (current) | 1wy3m0sx22wy1de607g3c807b2bdbb3fcdc3e77554be09f2a48c.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 238 | 3 |
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