Johannes Nicolaas Lambertus Mooij v Persons Unknown & Ors

Johannes Nicolaas Lambertus Mooij v Persons Unknown & Ors

Summary judgment is granted against defendants 1 and 2 (persons unknown) for both proprietary and non-proprietary claims as alternative service was validly effected, establishing jurisdiction. Judgment is also granted against defendants 4 and 7-11 for proprietary relief (delivery up of bitcoin) as evidence shows they received the traceable assets. The freezing injunction is continued post-judgment against all defendants except the innocent receivers (defendant 3). The claim for €330,000 against defendants 4 and 7-11 is adjourned as there is no evidence they received those funds.

Parties
Claimant: Johannes Nicolaas Lambertus Mooij; Defendant: Persons Unknown (1); Defendant: Persons Unknown (2); Defendant: Persons Unknown (3); Defendant: The Owner of, Controller and/or the Persons Currently in Control of the Rights and Assets that were the Property of Huobi Global Limited; Defendant: Binance Holdings Limited; Defendant: Megamarkets Trading Limited; Defendant: New Huo Technology Holdings Limited, trading as New Huo Tech; Defendant: Huobi Technology Europe Ltd; Defendant: Huobipay; Defendant: Huobi International PTE. LTD; Defendant: Brtuomi Worldwide Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Commercial Fraud / Asset Recovery / Summary Judgment and Continuation of Freezing Injunction
Outcome
Summary judgment granted in favour of claimant against defendants 1 and 2 for bitcoin and €330,000; summary judgment for proprietary relief (delivery up of bitcoin) against defendants 4 and 7-11; continuation of freezing injunction post-judgment; costs summarily assessed.
Legal Topics
Cryptocurrency as Property, Persons Unknown Defendants, Summary Judgment, Freezing Injunction, Alternative Service, Proprietary Claims, Non Proprietary Claims
Civil Procedure Commercial Law Fraud Asset Recovery Cryptocurrency as Property Persons Unknown Defendants Summary Judgment Freezing Injunction +3 more

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Parties

Johannes Nicolaas Lambertus Mooij

Claimant

Persons Unknown (1)

Defendant

Persons Unknown (2)

Defendant

Persons Unknown (3)

Defendant

The Owner of, Controller and/or the Persons Currently in Control of the Rights and Assets that were the Property of Huobi Global Limited

Defendant

Binance Holdings Limited

Defendant

Megamarkets Trading Limited

Defendant

New Huo Technology Holdings Limited, trading as New Huo Tech

Defendant

Huobi Technology Europe Ltd

Defendant

Huobipay

Defendant

Huobi International PTE. LTD

Defendant

Brtuomi Worldwide Limited

Defendant

Procedural Posture

Commercial Fraud / Asset Recovery / Summary Judgment and Continuation of Freezing Injunction

Legal Issues

  1. 1 Whether summary judgment should be granted against persons unknown for proprietary and non-proprietary claims involving cryptocurrency and fiat currency fraud.
  2. 2 Whether a final freezing injunction should be continued post-judgment.
  3. 3 Whether alternative service on persons unknown is sufficient to establish jurisdiction for final relief.

Ratio Decidendi

Summary judgment is granted against defendants 1 and 2 (persons unknown) for both proprietary and non-proprietary claims as alternative service was validly effected, establishing jurisdiction. Judgment is also granted against defendants 4 and 7-11 for proprietary relief (delivery up of bitcoin) as evidence shows they received the traceable assets. The freezing injunction is continued post-judgment against all defendants except the innocent receivers (defendant 3). The claim for €330,000 against defendants 4 and 7-11 is adjourned as there is no evidence they received those funds.

Court Disposition

Summary judgment granted in favour of claimant against defendants 1 and 2 for bitcoin and €330,000; summary judgment for proprietary relief (delivery up of bitcoin) against defendants 4 and 7-11; continuation of freezing injunction post-judgment; costs summarily assessed.

Orders

  • Defendants 1 and 2 to deliver up 20.34 bitcoin and pay €330,000 to claimant, or pay equivalent value in sterling or bitcoin.
  • Defendants 4 and 7-11 to deliver up 20.34 bitcoin to claimant.