Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3) [2024] FCA 822 File number(s): QUD 178 of 2024
Judgment of: COLLIER J
Date of judgment: 25 July 2024
Catchwords: CORPORATIONS – previous ex parte orders appointing receivers – previous ex parte freezing orders – defendants conducted business in Australia and overseas – funds invested in cryptocurrency assets – whether Court should rescind and discharge orders appointing receivers and freezing orders – whether duty of candour discharged by Australian Securities and Investments Commission when ex parte orders sought – whether orders had sound jurisdictional basis – whether cryptocurrency constituted "property" for purposes of interlocutory application
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 19 Corporations Act 2001(Cth) ss 5, 9, 601ED, 763A(1)(a), 763B, 766A, 766B, 766C, 911A, 911D, 1041G, 1041H, 1101B, 1323, 1324, Evidence Act 1995 (Cth) s 75 Federal Court of Australia Act 1976 (Cth) ss 19, 21, 23, 37AF and 37AG
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd [2018] FCAFC 6 Waller v Freehills [2009] FCAFC 89 ASIC v Web3 Ventures Pty Ltd [2024] FCA 64 (Web3) Australian Securities & Investments Commission v AMP Financial Planning Pty Ltd (No 2) [2020] FCA 69; 377 ALR 55 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 1) [2012] FCA 1519 Australian Securities and Investments Commission v Gallop International Group Pty Ltd, in the matter of Gallop International Group Pty Ltd [2019] FCA 1514 Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354 Australian Securities and Investments Commission v NGS Crypto Pty Ltd [2024] FCA 373 Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 2) [2024] FCA 521 Deputy Commissioner of Taxation v Binetter [2013] FCA 670 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955 Chen v Blockchain Global Limited (2022) 66 VR 30 Commissioner of the Australian Federal Police v Bigatton [2020] NSWSC 245 In the matter of Vault Market Pty Ltd [2014] NSWSC 1641 Tyche Asset Management Pty Ltd v Flyland Development Group Pty Ltd [2021] NSWSC 1283 Ruscoe v Cryptopia Limited (in liq) [2020] 2 NZLR 809
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