IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2024-485-080
[2024] NZHC 3883
BETWEEN DAVID IAN RUSCOE and MALCOLM RUSSELL MOORE
ApplicantsAND
THOMAS VICTOR HENRY RONALD CATTERMOLE
Respondent
Hearing: 26 August 2024 Appearances:
S A Barker and J K McGrath for Applicants R A Hearn for Respondent
Judgment:
18 December 2024
JUDGMENT OF McHERRON J
(Contempt of Court application)
RUSCOE v CATTERMOLE [2024] NZHC 3883 [18 December 2024]
Table of Contents
Further consequences of the hack into Cryptopia [1] The liquidators apply (again) for orders that Mr Cattermole is in contempt [5] Background [9] Who is Mr Cattermole and what is the Principality of Cogito? [10] The Spreadsheets that were mistakenly released to Mr Cattermole [12] Key events between 2020–2023 [13] Interlocutory injunction against Mr Cattermole [36] Law of contempt [43] Burden and standard of proof [50] Mr Cattermole’s alleged failure to comply with the 21 October 2020 Orders [53] First alleged breach of 21 October 2020 Orders: Mr Cattermole’s failure to provide relevant information to the Court and the liquidators [56]
Failure to delete the Spreadsheets [62] Use of information from the Spreadsheets to engage Cryptopia account holders [63] Mr Cattermole’s response [68] My assessment [73] Other methods of enforcing the court order have not been tried unsuccessfully [73](a) The 21 October 2020 Orders were clear and unambiguous and binding on Mr Cattermole [73](b) Mr Cattermole had knowledge of the terms of the 21 October 2020 Orders [73](c) Mr Cattermole knowingly failed, without reasonable excuse, to comply with the terms of the 21 October 2020 Orders [73](d)
Conclusion [74] Mr Cattermole’s alleged failure to comply with the 20 November 2020 Orders [75] Mr Cattermole’s response [79] My assessment [81] Mr Cattermole’s alleged failure to comply with the 5 March 2021 Orders [87] Mr Cattermole’s response [89] My assessment [96] Mr Cattermole’s alleged failure to comply with the 14 July 2021 Consent Orders [110] Mr Cattermole’s response [112] My assessment [113] Summary of findings [117] Result and next steps [120] Costs [121] SCHEDULE ONE — PREVIOUS CRYPTOPIA PROCEEDINGS
SCHEDULE TWO — CHRONOLOGY
Further consequences of the hack into Cryptopia
[1] Cryptopia Ltd (in liquidation) (Cryptopia) ran a cryptocurrency exchange that was hacked in January 2019. Some $30 million worth of cryptocurrency was irretrievably transferred to an undisclosed external exchange. In May 2019, Cryptopia’s shareholders appointed David Ruscoe and Malcolm Moore as liquidators of the company under s 241(2)(a) of the Companies Act 1993. The liquidation
involves complex arrangements regarding about 370 functioning cryptocurrencies owned by some 960,000 holders of accounts with positive balances in around 180 countries.
[2] On 8 April 2020, the High Court determined that each type of cryptocurrency is intangible personal property held by Cryptopia as trustee for the benefit of all the account holders of that currency.1 Cryptopia is a beneficiary of some of those trusts for cryptocurrency it held itself.2
[3] In 2019, Mr Ruscoe filed an affidavit in the Christchurch High Court in support…
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- AGLC
- Ruscoe v Cattermole [2024] NZHC 3883
- Case
- [2024] NZHC 3883
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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