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Judgment

In the Matter of Trina Solar Limited – Company’s Application for Cross‑Examination Order - Judgment

FSD 0092/2017 (NSJ) · 2017-12-06

Cross‑examination under GCR O.38 r.2(3); limits in interlocutory injunctions; avoidance of mini‑trials; valuation evidence in s.238 context; credibility disputes at interlocutory stage; relevance to freezing order requirements; application of Donnelly, BCCI (No 6), Cyanamid

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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0092/2017 (NSJ)
In the Matter of Trina Solar Limited – Company’s Application for Cross‑Examination Order - Judgment
Before
Segal J
Judgment delivered 2017-12-06

IN THE GRAND COURT OF THE C
that in the event that on the hearing

In the 28 September
concluded on the basis of publicly available
(g). Harneys submit that it is
(d). in particular, Harneys say
is not granted and that, given the
(b). the court should avoid turning such
"...The court is not justified in emb
purpose of the order by, for example
can be rebutted by the Company’s
of Mr Davidson. The Company’s Reply
(ii). this evidence goes directly to the
Price, makes her conclusions inherently unlikely to
(m). they accept that if cross examination
Commerce Intl. S.A. (No
provision in the CPR (CPR
made the Application for improper purposes but I
(a). he deals with the background to
does not consider that there is a real
hazard a guess as to where within
examination was limited to a narrower range

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