Category: Cases
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Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3)
What’s the case about? Whether orders made by the Federal Court appointing receivers and preserving assets, in respect of businesses operating in blockchain mining, should be rescinded or set aside. Background The judgment of Justice Collier in Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3) [2024]…
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Australian Securities and Investments Commission v Web3 Ventures Pty Ltd
What’s the case about? Whether cryptocurrency lending products called “Earner” and “Access” offered by Web3 Ventures Pty Ltd were a managed investment scheme, a facility by which a person made a financial investment and/or a derivative for the purposes of the Corporations Act 2001 (Cth). Background In Australian Securities…
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Re FTX Australia Pty Ltd (admin apptd) and FTX Express Pty Ltd (admin apptd)
What’s the case about? How voluntary administrators should treat customers of Australian companies involved in a global cryptocurrency trading platform for the purposes of the administration. Background In Re FTX Australia Pty Ltd (admin apptd) and FTX Express Pty Ltd (admin apptd) – Judicial Directions Application [2023] VSC 788, Her…
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Piroozzadeh v Persons Unknown
What’s the case about? Were there grounds to maintain an injunction made against a cryptocurrency exchange? Background In Piroozzadeh v Persons Unknown [2023] EWHC 1024 (Ch), the High Court of England and Wales considered an application by Binance Holdings Limited (Binance), a well known cryptocurrency exchange, to discharge an injunction…
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ByBit Fintech Limited v Ho Kai Xin and others
What’s the case about? Is Tether “property” capable of being held on trust? Background In ByBit Fintech Limited v Ho Kai Xin and others [2023] SGHC 199, Justice Philip Jeyaretnam of the High Court of Singapore considered whether Tether (USDT) was property capable of being held on trust. The issue…
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Commissioner of the Australian Federal Police v Bigatton
What’s the case about? The New South Wales Supreme Court made restraining orders and custody and control orders under the Proceeds of Crime Act 2002 (Cth) in respect of property which included Bitcoin and Ether. Background The Commissioner sought orders pursuant to the Proceeds of Crime Act 2002 (Cth) (POC…
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Re Gatecoin Limited (in liquidation)
What’s the case about? Is cryptocurrency “property” under Hong Kong law? Background In the 2023 decision of Re Gatecoin Limited (in liquidation) [2023] HKCFI 914, the Court of First Instance (Hong Kong) found that cryptocurrency is “property” in Hong Kong. The liquidators of Gatecoin Limited (Gatecoin), which operated a cryptocurrency…
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Karis v Digital CC Management Pty Ltd (No 2)
What’s the case about? An application for the transfer and preservation of bitcoin pending the ultimate determination of proceedings. Background The proceedings concerned a dispute between cryptocurrency traders as to the manner in which certain companies were established and their various roles and entitlements. One of the matters in dispute…
Proof of Case 