Ex Parte: Dr Samson Liu (MA 408 of 2023) [2023] SCSC 811 (20 December 2023)

Ex Parte: Dr Samson Liu (MA 408 of 2023) [2023] SCSC 811 (20 December 2023)

The requirements of section 280 of the Seychelles Code of Civil Procedure are met as a suit has been commenced and the application is supported by affidavit; urgency is justified due to the nature of cryptocurrency, warranting an interim order of provisional seizure.

Citation
[2023] SCSC 811
Parties
Petitioner: Dr Samson Liu; Respondent: Unknown Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 December 2023
Case Number
MA 408 of 2023
Procedural Posture
Ex Parte Application for Provisional Seizure / Interim Order Pending Inter Partes Hearing
Outcome
interim order granted for provisional seizure
Legal Topics
Provisional Seizure, Cryptocurrency, Interim Relief
Source Language
English
Civil Procedure Provisional Seizure Cryptocurrency Interim Relief

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Parties

Dr Samson Liu

Petitioner

Unknown Respondent

Respondent

Procedural Posture

Ex Parte Application for Provisional Seizure / Interim Order Pending Inter Partes Hearing

Legal Issues

  1. 1 Whether the requirements for provisional seizure under sections 280 and 281 of the Seychelles Code of Civil Procedure are met
  2. 2 Whether an interim order should be granted ex parte to prevent dissipation of cryptocurrency assets

Ratio Decidendi

The requirements of section 280 of the Seychelles Code of Civil Procedure are met as a suit has been commenced and the application is supported by affidavit; urgency is justified due to the nature of cryptocurrency, warranting an interim order of provisional seizure.

Court Disposition

interim order granted for provisional seizure

Orders

  • Interim Order to seize provisionally the 337,099.1 USDT on the Binance account of the Respondent
  • Respondent to keep possession of the provisionally seized 337,099.1 USDT until further order of the Court