In the matter of Trina Solar Ltd -Strike Out Judgment [2017] CIFsd 37 (25 August 2017)

The court held that the petition did not constitute an abuse of process and disclosed a reasonable cause of action, thus the strike out application was refused.

Citation: [2017] CIFsd 37
Parties: Respondent: Trina Solar Ltd
Jurisdiction: Cayman Islands
Judgment Date: 25 August 2017
Procedural Posture: Company Law / Strike Out Application Judgment
Outcome: strike out application refused
Legal Topics: Strike Out, Scheme of Arrangement

Company Law Strike Out Scheme of Arrangement

Case Brief

Summary, issues, holding and outcome

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Parties

Trina Solar Ltd

Respondent

Procedural Posture

Company Law / Strike Out Application Judgment

Legal Issues

1 Whether the petition should be struck out under company law principles
2 Whether the scheme of arrangement is abusive or an abuse of process

Ratio Decidendi

The court held that the petition did not constitute an abuse of process and disclosed a reasonable cause of action, thus the strike out application was refused.

Court Disposition

strike out application refused

Orders

Petition to proceed
Strike out application dismissed