Tropigas loses lawsuit against Sol

POSTED: 06/29/14 5:24 PM

St. Maarten– Tropigas and Paul Anthony James Cook lost a lawsuit yesterday they had initiated against Sol Antilles. Tropigas and Cook demanded that Sol lift the liens it has placed on their assets and bank accounts, but the court denied them.

Tropigas told the court that Sol does not have a claim on the company and that the liens endanger the company’s business activities.

Sol is claiming damages from Tropigas in a regular court procedure for the theft of gas cylinders, for violating the Sol-brand and for benefiting from tort.

In the regular court procedure, Sol demands that Tropigas produces the paperwork for shipping Sol gas cylinders off-island. If that paperwork reveals that Cook signed the order for the shipments, he will be held liable for damages.

The court ruled that Sol has established its right to a claim for damages and that therefore the liens on the assets and bank accounts of Tropigas and Cook are lawful.

The liens on the bank accounts have not served their purpose for Sol, because there is hardly any money in them. The balance on one account is around $94, a second one holds 252 guilders and a third one not even 6 euros. Tropigas and/or Cook also have a debt to the WIB of almost $300,000.

Because further payments from third parties into these bank accounts do not fall under the lien, the court noted that it is implausible that the lien disturbs the company’s business activities.

The court ruled that Sol’s interest in keeping the liens in place prevail over the interest of Tropigas to have them lifted. Therefore, the court rejected Tropigas’s demand and sentenced the company to pay 1,500 guilders as compensation for the court costs Sol had to make.

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