Hong Kong High Court Action (HCA 902/2018) Nico Constantijn Antonius Samara (Plaintiff) v Stive Jean-Paul Dan (Defendant)

Phone: 650.723.2465
Fax: 650.725.0253

Type: Regulation
Date: 05/15/2018
Agency: Hong Kong Special Administrative Region Court of First Instance
Jurisdiction: Hong Kong
Type of Law: Case law
Status: Existing
Official URL: External link

In Nico Constantijn Antonius Samara v Stive Jean-Paul Dan (HCA 902/2018, 15 May 2018), the plaintiff alleged that there was an agreement between the plaintiff and the defendant, under which the defendant would allow the plaintiff to use his bitcoin wallet and his bank account to trade bitcoins, but the defendant suddenly put the money out of reach of the plaintiff without prior notice. The plaintiff successfully applied for an ex parte injunction order freezing the bitcoin wallet and the bank account of the defendant, but the injunction was subsequently discharged on the basis of abuse of process in failing to justify proceeding ex parte (because the plaintiff had waited for two months before taking out the application), and material non-disclosure (that the bitcoin wallet and the bank account sought to be frozen under the injunction had already been frozen independently of any court order).