Ruscoe v Cryptopia Ltd (in liq) - [2020] 2 NZLR 809

Bankruptcy and insolvency — Property — Cryptocurrency holdings held by on-line exchange — Whether property — Whether capable of being held on trust — Which account holders to be taken to have lost property from theft — Companies Act 1993 s 2.

Property law — “Property” — Cryptocurrency holdings held by on-line exchange — Whether property — Whether capable of being held on trust — Companies Act 1993 s 2.

Trusts and trustees — Constructive trusts — Cryptocurrency holdings held by on-line exchange — Which account holders to be taken to have lost property from theft — Which account holders to receive distributions of recoveries.

Trusts and trustees — Express trusts — Cryptocurrency holdings held by on-line exchange — Whether capable of being held in trust — Whether held on trust by exchange for account holders — Evidence of conduct and statements of intention — What property held in what trusts — When trusts came into existence.