Cryptocurrency Legal Update: Hong Kong Court Grants Interim Proprietary Injunction over 999 Bitcoins

The Hong Kong Court of First Instance in Yan Yu Ying v Leong Wing Hei [2021] HKCFI 3160 granted a temporary proprietary injunction to restrain 999 bitcoins (value close to US$50 million) being the subject matter of a dispute between the parties.

This case shows the consistent trend of Courts treating cryptocurrency such as Bitcoin as ‘property’ that can be subject to an injunction.

In this case, the Court granted what is known in Hong Kong as an “interim-interim injunction”.  It is similar to what is known in Malaysia as an ad interim injunction. It is a temporary measure to balance the fairness before the full arguments are heard on whether to grant the full interim injunction. Interim-interim injunctions or reliefs are a very short-term stop-gap measure.

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Case Update: Filing of Judicial Management Will Restrain Advertisement of Winding Up

The Court of Appeal in Kumpulan Liziz Sdn Bjd (in liquidation) v Pembinaan Azam Jaya Sdn Bhd (grounds of judgment dated 25 November 2021) ruled that the judicial management moratorium will extend to restraining any advertisement or gazetting of a winding up petition.

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Case Update: Not Mandatory for Proposed Judicial Manager’s Affidavit

The High Court in Re Federal Power Sdn Bhd (grounds of judgment dated 11 October 2021) granted a judicial management order over a high voltage cable manufacturing company. The Court dealt with the issue of whether the proposed judicial manager candidate must affirm an affidavit in support of the application or not.

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Case Update: Company Constitution Does Not Extend Indemnity for Directors

The Court of Appeal in Perdana Petroleum Berhad v Tengku Dato’ Ibrahim Petra and others (grounds of judgment dated 15 October 2021) has ruled on a significant company law issue. Whether the company’s constitution alone can give rise to an indemnity by the company in favour of directors or former directors.

This decision will have an impact on company directors, auditors, company secretaries and other officers of the company attempting to rely on the indemnity clause contained in the constitution.

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Case Update: Creditors’ Decision in Liquidation Governed by Majority in Value?

The High Court in Coca Cola Refreshments Malaysia Sdn Bhd v Leejin Capital Sdn Bhd [2021] MLJU 1700 (grounds of judgment date 6 August 2021) invalidated the appointment of the liquidator in a creditors’ voluntary winding up. The Court ordered that instead, another liquidator candidate be appointed, where that candidate was nominated by a creditor holding a majority in value of the debt of the company.

This decision may cause uncertainty for future creditors’ voluntary winding up as well as other forms of winding up.

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Case Update: High Court Finds that Listed Companies Cannot Apply for Judicial Management

The High Court in the judicial management application of Re Scomi Group Bhd decided that public listed companies cannot apply for judicial management. Hence, Scomi Group Bhd’s judicial management application was dismissed.

I have updated this article with the full grounds of judgment dated 4 October 2021.

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