BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
LONDON CIRCUIT COMMERCIAL COURT (KBD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
(Sitting as a Judge of the High Court)
Remotely via Microsoft Teams
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STUART CHARLES DABURN | Claimant | |
-and- | ||
(1) PERSONS UNKNOWN CATEGORY 1 | ||
(being the natural and/or legal person(s) who | ||
(i) run, operate and or own the websites Toro-banc.net, toro-banc.io, toro-banc.com (the "Websites"); and/or | ||
(ii) use the telephone numbers +447311088019, +447383912305 and/or +447383912305; and/or | ||
(iii) use one or more of the aliases Nicole Bennett, Mia Thompson, Marc Adler, Sebastien Colton, Alex Jensen; and/or | ||
(iv) use the email addresses nicolebennett@toro-banc.io, mia.t@torro-net.io, sebastiancolton@toro-banc.io, alex.j@toro-banc.io ; and/or | ||
(v) run, operate and or own the corporate entities Purple Sun Ltd, Giricon Ltd, 4Word Solutions; and/or | ||
(vi) operate, own and/or control the four addresses: Bc1…c8ln7a, bc1…nuycv, bc1…xs7vy, 1Nn…n1f32 ("the Depositing Addresses") | ||
(2) PERSONS UNKNOWN CATEGORY 2 | ||
(being the natural and/or legal persons who operate/own and/or control | ||
(i) the addresses held at the Kucoin.com Cryptoasset | ||
(ii) Exchange: (I) 36h…co5dtfR; and 3Qc…kLwYg (the "Kucoin Addresses"); and | ||
(iii) The following 30 addresses held the | ||
Kyrrex.com cryptoasset exchange::3By...qzJ64, 3Lb...nZWMQg, 3BL...kqncNG, 3P5...ysxmFP, 3Lq...FZKbN, 3N7...kSEFkMx, 3N4...unTQSP, 3DR...26JkFSR, 3Pp...ttBZokp, 3Fd...oi8zzS, 3Lw...fkSeC6M, 37H...Ro7J5y5, 31n...A53Xk7s, 3AU...fYgKjo, 32h...8CXGBdir, 3Ah...JVZKiXg, 3Fi...GLV29T2, 3BM...61kGYEH, 31p...YqjHY, 3Nr...o84HYM, 38N...4ZoQcBjJ, | ||
3MW...S7JHboG, 3LH...rPGKVSh, 33b...92jb3so, 37b...CvsmmAnh, 3C9...sZDBan, 3Hk...szSpGXG, 37B...JWnG6Mk, 3HR...b5okrn and 3Ac...pGywE (the "Kyrrex"Addresses") | ||
(3) 4WORD SOLUTIONS | ||
(4) COURT LEET LIMITED | ||
(5) RIANA GROUP LIMITED | ||
(6) KYRREX LIMITED | ||
(A Company Registered in St Vincent and the Grenadines) | ||
(7) BOXER CART ADS LIMITED | ||
(8) GREENCODE CONNECTION LIMITED | ||
(9) PURPLESUN LIMITED | ||
(10) GIRICON LIMITED | Defendants |
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2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
THE DEFENDANTS did not appear and were not represented
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Crown Copyright ©
HIS HONOUR JUDGE PELLING KC:
"... when property is obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity. "
In those circumstances, the claimant has available to him against each of the defendants against whom summary judgment is sought, both a personal claim for damages for unlawful means conspiracy and/or a personal claim for unjust enrichment to be quantified in each case in the sums he was induced to part with by fraud. By the same token he is entitled to maintain (and maintains) proprietary claims as against the second category of unknown defendants, who were the recipients of the proceeds of the fraud and the various named defendants who in various ways received sums as well.