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Christopher Harlowe

Christopher Harlowe

Cayman Islands
Partner

Nicholas Fox

Nicholas Fox

Cayman Islands
Partner

Jonathon Milne

Jonathon Milne

Cayman Islands
Counsel

Strike Out Applications: The Perils of Putting the Cart Before the Horse

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08 May 2019

Last month, the Cayman Islands Court of Appeal (the CICA) handed down a comprehensive judgment analysing important questions relating to the availability and purpose of just and equitable winding-up petitions as a statutory remedy in Cayman. In doing so, the CICA overruled a judgment of the Grand Court, which had struck out a contributory's petition brought by Tianrui (International) Holding Company Limited (the Petitioner) against China Shanshui Cement Group Limited (the Company). In its judgment, the CICA warned against reaching premature conclusions on a strike out application.