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Singapore High Court Judge says crypto is worthless trash? (And contradicts himself in the process).

bic_cherry

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Singapore High Court Judge says crypto is worthless trash? (And contradicts himself in the process).

https://www.singaporelawwatch.sg/He...-in-Singapore-throw-up-quirks-legal-novelties

Or is there something not reported? Or the plaintiffs lawyers are dumb?

"The winding-up application was eventually dismissed. Justice Coomaraswamy said that Algorand had standing to bring about a winding-up application, but he did not accept that crypto is money."

Anyway, according to the chart, the BVI court already ordered 3AC to be wound up and Singapore HC already endorsed the BVI court ruling.

Dunno why then the SG HC judge seems trying to be funny about asking if crypto is indeed money which probably isn't even relevant in this case, based on this BT report of the court case. He is 3AC (Singapore branch) shareholder is it? Oki, no offence, but isn't this the same as owing someone property of a certain value, regardless of if it is money? Even u accidentally bang down a cyclist, one also can be declared bankrupt if u cannot afford to pay damages and didn't even steal any form of currency cash from the victim.

Or if u misappropriated someone's property put in your custody, like irresponsibly lost some bitcoins for them.

Seems to me that this Justice Coomaraswamy is like trying to be a bit funny, says "Algorand had standing to bring about a winding-up application, but he did not accept that crypto is money."
This Justice has missed the woods for the trees? Hello, misplaced or misappropriated someone's asset or cause any damages, as long as the asset is worth something, means must repay the debt, no?
Can someone explain to me what is the relevance of this judge fascination with whether the crypto is a form of money, or if this judge is just demented or trying to be funny.

If judge already determined that the defendants "Algorand had standing to bring about a winding-up application", then why own self throw spanner into the works and disqualify based on whether crypto is currency or not.

Isn't this like the judge shooting himself in the foot (self contradicting himself) in admission that something material is owed (thus the 'standing to bring about a winding-up application'), then U turn and say it's not an sovereign country fiat currency, so no more 'standing' hahaha based on a stupid technicality of the judge own self invention?

Can some legal philosophers please really examine this judge magical fantasy thinking. Or did he judge based on self benefit or consult some sharmans to arrive at the final decision?

To me, this is like a judge saying publicly that a woman is authorised to enter a woman's toilet (because she is female), but then, he subsequently doesn't like the idea she is wearing a red dress, so sorry, oops,now u cannot use the woman's toilet anymore, because u r wearing a red dress (only those with dull colour dress can enter, based on judge mood/ personal preference); there being no dispute that one was originally allowed to enter the woman's toilet, being a 100% certified female person.

No?

====================
PS: and yes, answering the reporters question, sea shells need not be considered solely on basis of being currency.
If suppose I stole a rare sea shell from a collector, sold or misappropriated it but were caught and sentenced for theft in court, the original owner can sue me for compensation for his stolen sea shell or even liquidating my assets to make good the replacement value of the stolen sea shell if I ignore his compensation requests.
Whether sea shell is a common currency or not, does not absolve me of having to replace his lost/ misappropriated property as a result of my misdeed.

So I really dunno, why this judge seems to be trying to be mischievous, in raising a technicality , which embarrasses his own prior pronouncement in the first place.
 

bic_cherry

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mgx-alander said:
dun need to jjww too much the below suffice in law.. u want crypto to be accepted to be legal tender ask sham or go thailand :s8:


https://cointelegraph.com/learn/an-...e using,Singapore like other fiat currencies.
Is the (irresponsible) judge JJWW and contradict himself and betrayed upholding the law.

On what logic of substantive justice can the judge dismiss the "winding-up application" when the judge himself already said the plaintiff have 'standing to bring about a winding-up application'.

It's like a SCDF officer, with all the essential equipment about to throw a rope to a drowning person, then at last moment says sorry, cannot save u cos I have personal objections to your religion or race.

Unless the plaintiff lawyer is very stupid and hijacked the case, using it as a decoy to make the court define crypto as cash, the plaintiff obviously just wants to recover his crypto assets (/equivalent value) which were misused/ misappropriated by the defendant, which the HC Justice already agreed with the liquidation argument for.

So I am really very curious why the HC judge can suddenly, last moment U turn and dismiss the case based on what seems a totally frivolous technicality, to the extent that am personally very suspicious of this decision, cos substantive justice has not been served and the judge seems to have totally embarrassed himself here by saying that the plaintiff has standing, but then suddenly dismisses the case without recourse.

So if this were the case, then I think the judge has his heart in the wrong place.

Does this judge have children who are unable to get a pupilage in a law firm (thus trying to create more business for law firms? Is this judge on the side of the defendants?

To dismiss this case whist saying that plaintiff 'standing to bring about a winding-up application' is as I said, like a doctor who has done all required confirmatory diagnostic test, arrived at a firm diagnosis and treatment plan for the patient, yet refuses to perform the most crucial surgical procedure, for just some frivolous and minor excuse and abandon his care for the patient for no substantively good reason at all.

Such a judge seems a liability to the legal justice system instead.

And I do hope I am wrong here.
 

bic_cherry

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tjy008-HWZ said:
this is in the context of winding up la. never study law dont geh kiang
Winding up so what?

HC Judge HIMSELF in BT report already declared that Plaintiff has 100% valid reason to wind up 3AC Singapore branch, just some minor technicality about crypto and seashells issue that the judge himself also don't understand well.

Judges have a job of upholding justice, no?

Why did this judge allow his personal curiosity to hijack/ derail the case decision outcome?

Unless there is some substantive reason of public / social interest that prevents the winding up of 3AC Singapore branch.

That is why I say the judge has contradicted himself here.

Hopefully this judge also issues a formal report and if his reasons are indeed as frivolous as I question or contradicted himself, then hopefully the plaintiff will get court of appeal to overturn his decision and perhaps even review his fitness to remain as judge, if indeed the technicality was uncalled for or unjust in this case.

Hopefully there will be more public attention to this case, so the public can be convinced that justice is indeed served, rather than the court hearing being an illusionist performance or magic show to fool kids that the magician is really a super human instead.

Or like the emperor's New clothes story, whereby the outcome is already predetermined and prearranged before the parade and everyone is brainwashed to be biased to believe the evil/stupid royalty, even before the parade, okay, everyone except the innocent kids.
 

CoffeeAhSoh

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Tiagong Justice Vinodh's Daddy was also a High Court Judge during MM Lee 's era...

above 3 postings very long to read.

can kindly summary in one paragragh ?

i keen to understand it better :thumbsdown::tongue:
 

Balls2U

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Tiagong Justice Vinodh's Daddy was also a High Court Judge during MM Lee 's era...

above 3 postings very long to read.

can kindly summary in one paragragh ?

i keen to understand it better :thumbsdown::tongue:

His old man is Punch Coomaraswamy. Heard that he was forced into retirement by Yong Pung Sai. After that, he was often seen standing outside Columbo Court taxi stand staring blankly at the old High Court building. He kicked the bucket some years later.
 

bic_cherry

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Infectant-HWZ said:
The judge's view on cryptocurrency is not contradictory. Material owed does not necessarily mean valued with fiat currency. Cryptocurrency can have value without being fiat currency, just like Pokemon cards. The judge's ruling is based on a correct understanding of the nature of cryptocurrency, not a technicality.
That's why I say substantive justice must be served and to me, it seems that the judge is just fooling around and judging based on whim and fancy, just like looking for lame excuses not to grant a deserving plaintiff his wish.

Unless of course the plaintiff lawyers were saboteurs and insisted that the judge deem crypto as cash, which is quite unnecessary, since using your example, misappropriated Pokémon cards (of value), can be recovered vz court ruling in equivalent cash value to the plaintiff, so it is disingenuous IMHO for the judge to throw out the entire case.

As a result of the judge obsession with technicalities, substantive justice has been betrayed.
This judge IMHO, is as mischievous as the house builder who has fully completed the job, except that he refuses to hand over the keys nor allow the client to occupy the property for no better reason than some superstitious nonsense.

Indeed, the judge said "Algorand had standing to bring about a winding-up application, but he did not accept that crypto is money."

So what is missing is why the question of whether crypto is money is so substantive that it defeats the core judgement.

This judge should be sacked or demoted if the technicality is flippant and has thrown out the case just to abuse his authority or for his personal amusement only.

So I am still looking for answers, what material difference does the cash status of crypto make in this case, since even misappropriated valuable Pokémon cards , can be compensated vz court ruling vz compensation in an equivalent value in cash.
 

bic_cherry

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Tiagong Justice Vinodh's Daddy was also a High Court Judge during MM Lee 's era...

above 3 postings very long to read.

can kindly summary in one paragragh ?

i keen to understand it better :thumbsdown::tongue:
Please read first the BT report (link provided in FP) on the case to understand it.

Then read my comments to understand why I think that this judge decision is either deficient or fishy.
 

CoffeeAhSoh

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What are cryptocurrencies ? In Singapore , are cryptocurrencies recognised as legal tender ?

Cryptocurrencies are digital or virtual currencies that use cryptography for security and are decentralized in nature, meaning they operate independently of a central authority like a bank or government. The most well-known example of a cryptocurrency is Bitcoin, but there are many other types of cryptocurrencies as well.


In Singapore, cryptocurrencies are not recognized as legal tender, but they are regulated under the Payment Services Act (PS Act). The PS Act requires cryptocurrency businesses to obtain a license from the Monetary Authority of Singapore (MAS) if they want to operate in Singapore. This regulatory framework aims to promote innovation and safeguard consumer interests, while ensuring that cryptocurrencies are not used for illicit purposes such as money laundering or terrorism financing.

It is important to note that even though cryptocurrencies are not legal tender in Singapore, they can still be used as a means of payment for goods and services, as long as both parties agree to the terms of the transaction. However, consumers should exercise caution when using cryptocurrencies due to their high volatility and lack of protection under deposit insurance schemes.
 
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CoffeeAhSoh

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How you know?

From here :biggrin:

Biography​

Justice Vinodh Coomaraswamy was appointed Judicial Commissioner in 2012 and a High Court Judge in 2013.

He graduated with a Bachelor of Laws from Nottingham University in 1990, and a Bachelor of Civil Law from Oxford University in 1998. He won first prize in the 1991 Trinity Bar Examinations, and later that year was called to the Bar of England & Wales by the Inner Temple. He was admitted as an advocate and solicitor in Singapore in 1992.

He began his legal career in Shook Lin & Bok in 1992 and became a partner in 1996. He was appointed Senior Counsel in 2005. He is a Fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators. He was also admitted in New South Wales (2005) and in New York (2007).
 

LexLuthor

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From here :biggrin:

Biography​

Justice Vinodh Coomaraswamy was appointed Judicial Commissioner in 2012 and a High Court Judge in 2013.

He graduated with a Bachelor of Laws from Nottingham University in 1990, and a Bachelor of Civil Law from Oxford University in 1998. He won first prize in the 1991 Trinity Bar Examinations, and later that year was called to the Bar of England & Wales by the Inner Temple. He was admitted as an advocate and solicitor in Singapore in 1992.

He began his legal career in Shook Lin & Bok in 1992 and became a partner in 1996. He was appointed Senior Counsel in 2005. He is a Fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators. He was also admitted in New South Wales (2005) and in New York (2007).
You are right.

But if you read carefully, he started at Nottingham, and reread law at Oxford, and took 3 years to complete the Bar when 1 year is the norm.
 

LexLuthor

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Tiagong his Daddy was from Nottingham also.

Heard also got a brother staying , working in England.
Yes, his laopeh from Nottingham.

So that see gin nah spent 11 years studying law.

Ah, I got it wrong.

He graduated in 1990, English Bar 1991 and Singapore Bar 1992. He joined SLB in 1992 and became partner in 1996. During this time, he reread law at Oxford and graduated in 1998.
 
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CoffeeAhSoh

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Lao Peh also PAP men ,


P. Coomaraswamy practised in the firm of Braddell Brothers as an advocate during the 1950s and 1960s. From 1958 to 1960, he was appointed the Honorary Secretary of Singapore Bar Council. He was a visiting lecturer in the law of evidence at the University of Singapore (now National University of Singapore) from 1959 to 1969.[2] From 1961 to 1969, he was a lecturer for the Board of Legal Education, Singapore.[2][5] During his time as a lawyer, Coomaraswamy represented convicted murderer Sunny Ang in his trial, where Ang was accused of murdering his girlfriend for her insurance. Ang was executed in 1967.[6]

In February 1966, he was appointed the Deputy Speaker of Parliament and in August of the same year, he was appointed the Speaker of Parliament.[2][7] He was the Acting President of Singapore from 5 March to 5 May 1968.[2][8] Dr Yeoh Ghim Seng took over as the Speaker of the Parliament in January 1970.[8]

His first appointment with the Ministry of Foreign Affairs was from January 1970 to July 1973 as Singapore's High Commissioner to India, Sri Lanka, Nepal and Bangladesh.[5][8] From July 1973 to September 1976, he was Singapore's High Commissioner to Australia and Fiji, and from October 1976 to August 1984, he was Singapore's Ambassador to the United States and Brazil.[2][9][10][11]

He served as a Supreme Court judge from 7 September 1984[5][12] to 15 October 1993.[2
 

bic_cherry

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randomph-HWZ said:
Wot la. Can samurai
Pls read original BT report about the case for details. https://www.singaporelawwatch.sg/He...-in-Singapore-throw-up-quirks-legal-novelties

IMHO Samurai parable is as follows:
Judge is like 5* Michelin restaurant chef.

Client already fully paid up the banquet order, chef already prepared and fully laid out the banquet area, 100% ready to serve guest.

Suddenly, chef experience some deep and unusual personal aversion to client skin colour (or some other extraneous/ minor/ irrelevant factor), then chef mood suddenly change and chase out the well dressed client and his guests with a kitchen cleaver instead.

There is no explaination for the chef sudden outrage, it is totally out of character and severely betrays and embarrasses his Michelin star restaurant reputation.

Needless to say, the entire banquet is ruined.

The chef could be on drugs or something.

This is what I read in this case.

Someone pls explain in detail if I am wrong here.
 

JakeWade

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Judges sometimes bring up interesting points in their rulings, and in this case, the debate about whether crypto is considered "money" appears to be a significant factor. It does seem a bit like the judge is introducing an unnecessary technicality.
In the end, what matters most is the determination of whether something is owed or not, as you mentioned. Whether it's money, property, or any valuable asset, if it's involved in a legal dispute, it should be resolved fairly. Legal cases can be complex, and judges sometimes take unique angles in their decisions.
Have you ever explored Granimator? It's an AI tool for trading that can help analyze market trends and make informed decisions.
 
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