Federal Court of Australia
Federal Court of Australia
Karis v Digital CC Management Pty Ltd (No 2) [2022] FCA 859 File number: WAD 60 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 22 July 2022
Catchwords: PRACTICE AND PROCEDURE - application by first respondent for orders facilitating transfer of bitcoin to Australian trustee - where applicant gave undertaking to the Court in support of ex parte anti-suit injunction - where applicant not resident in Australia and no assets in Australia - where ownership of bitcoin disputed - where applicant did not object in principle to bitcoin or proceeds being held on trust pending resolution of proceeding - where parties unable to agree terms as to manner in which rights to bitcoin should be preserved or timing of implementation - orders made
Legislation: Corporations Act 2001 (Cth) Part 7.6 Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Caravelle Investments Ltd v Martaban Ltd (1999) 95 FCR 85 Karis v Digital CC Management Pty Ltd [2022] FCA 685
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 51
Date of hearing: 18 and 21 July 2022
Counsel for the Applicant: Mr MNC Harvey QC and Ms S Kearney
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