Judgment

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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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

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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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