A RM3.2 million crypto dispute has landed in the Malaysian High Court, centering on Tether (USDT) and allegations of misappropriation.
The plaintiff sought a Mareva injunction to freeze assets, but the Court ruled there was not enough evidence of risk of dissipation of assets.
I write on the case of Sim Kwang Kai Adrian v Johnathon Wong Futt Po (see grounds of judgment dated 28 April 2025). Continue reading
The Singapore High Court case in CLM v CLN and others [2022] SGHC 46 is the first reported Singapore decision on the grant of an injunction against persons unknown to freeze cryptocurrency.
The court granted the injunction over the stolen cryptocurrency of approximately 109 bitcoins (BTC) (approximately more than RM17 million in value based on current price of 1 BTC to ~RM160,000) and 1,497 ether (ETH) tokens (approximately more than RM16 million in value based on current 1 ETH to ~RM11,000). Continue reading
June Ong writes this update on the Malaysian High Court decision applying the “full merits” test in determining the existence of an arbitration agreement.
The High Court in Lysaght Corrugated Pipe Sdn Bhd and Anor v Popeye Resources Sdn Bhd and Anor (Kuala Lumpur High Court Civil Suit No.: WA-22NCC-109-03/2021) (grounds of judgment dated 10 February 2022) set out the requirements for a stay of proceedings pending arbitration under section 10 of the Arbitration Act 2005. This is in particular when evaluating the existence of an arbitration agreement. Further, in dismissing the stay, the Court granted an anti-arbitration injunction to restrain a Hong Kong arbitration.
In the English High Court case of Mr Dollar Bill Limited v Persons Unknown and two others [2021] EWHC 2718 (Ch), the Court granted a proprietary injunction against approximately 3.7 bitcoins (approximately GBP 105,000) and certain discovery orders against the two cryptocurrency exchanges, Binance and Huobi. Continue reading
Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.
These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.
The High Court has issued its grounds of judgment dated 22 December 2020 in the Zschimmer & Schwarz case (now reported as Zschimmer & Schwarz GmbH & Co KG Chemische Fabirken v Persons Unknown & Anor [2021] 7 MLJ 178). The Court granted novel orders for a Mareva freezing injunction and proprietary injunction against Persons Unknown.
The Persons Unknown jurisdiction was justified in allowing for injunctive and tracing remedies against the unknown fraudster or fraudsters. The Court also allowed orders for substituted service on such Persons Unknown through email and a Dropbox link. Continue reading
