Cases and authorities

LEASES AND TENANCIES – Retail lease – where parties executed agreement for lease and lease for period of 10 years – where lease not registered – whether lease for 10 years nonetheless arose – effect of and proper construction of Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) and leasing principles of National Code of Conduct – proper construction of provisions in Small Business Commissioner Act 2013 (NSW) concerning admissibility of statements made at mediation – whether lessor entitled to terminate lease and enter possession – whether lessor elected to affirm lease – whether provision concerning recoupment of fitout costs a penalty – proper construction of guarantee – whether guarantors liable for obligations of lessee

HIGH RISK OFFENDER – application for extended supervision order pursuant to Terrorism (High Risk Offenders) Act 2017 – defendant currently subject to interim supervision order – whether the defendant is a “convicted New South Wales terrorism activity offender” pursuant to ss 20(c)(iii) and 10(1)(c) –defendant associated with a known terrorist and Salafi Jihadist whilst in custody – whether “unacceptable risk of committing a serious terrorism offence” pursuant to s 20(d) – court not comfortably satisfied that the defendant poses an unacceptable risk – summons dismissed – interim supervision order discharged

TORTS – Negligence – Proceedings brought against a general practitioner alleging negligence – Where plaintiff consulted the defendant on two occasions – Where the plaintiff was later diagnosed with Acute Lymphoblastic Leukaemia – Where the unchallenged expert evidence supported the appropriateness of the defendant's conduct – No breach of duty of care – Verdicts in favour of the defendant EVIDENCE – Assessment of credit – Where the credit of the plaintiff's mother and tutor was in issue – Where a period of 8 years elapsed between the relevant events and the hearing of the proceedings – Where the demeanour of the plaintiff’s mother in giving evidence was combative and argumentative – Repeated failures to properly respond to questions asked – Instances where the plaintiff’s mother adopted the role of an advocate – Where plaintiff’s mother physically approached the defendant outside Court in the course of his cross-examination and remonstrated with him in an aggressive way – Finding made that the plaintiff's mother was an unreliable witness – Effect of that finding on factual findings bearing upon the issue of liability PRACTICE AND PROCEDURE – Service of expert medical evidence outside prescribed time periods

Corporations – Winding up ‑– Insolvency – Voidable transactions – Unfair preferences – Construction of s 588FA(3) of Corporations Act 2001 (Cth) – Where appellants liquidators of debtor company – Where respondent entered into agreement to supply services to debtor company for harvesting and hauling timber – Where respondent continued to provide services to debtor company despite debtor company's increasing indebtedness – Where liquidators applied to have series of payments made by debtor company to respondent within six‑month period ending on relation‑back day set aside as unfair preferences – Where liquidators contended that, if "continuing business relationship" existed so as to engage s 588FA(3), liquidators entitled by "peak indebtedness rule" to choose starting date of "single transaction" within relation‑back period to prove existence of unfair preference – Whether "peak indebtedness rule" part of or excluded by s 588FA(3) – Proper approach to construction of element of s 588FA(3)(a) that "transaction is, for commercial purposes, an integral part of a continuing business relationship" – Whether payments engaged s 588FA(3)(a). Words and phrases – "business character of the transaction", "continuing business relationship", "peak indebtedness rule", "running account principle", "unfair preference", "voidable transactions", "winding up". Corporations Act 2001 (Cth), Pt 5.7B, ss 588FA, 588FC, 588FE, 588FF, 588FG. KIEFEL CJ. I agree with Jagot J. GAGELER J. I agree with Jagot J. GORDON J. I agree with Jagot J. EDELMAN J. I agree with Jagot J. STEWARD J. I agree with Jagot J. GLEESON J. I agree with Jagot

Corporations – Winding up – Insolvency – Set-off – Unfair preferences – Where appellant received payments from company within six-month period prior to winding up – Where liquidator of company sought to recover payments from appellant under s 588FF(1)(a) of Corporations Act 2001 (Cth) ("Act") as unfair preferences under s 588FA of Act – Where appellant owed separate and distinct debt by company – Whether set-off under s 553C(1) of Act available to appellant against liquidator's claim for recovery of unfair preferences. Words and phrases – "commencement of the winding up", "contingent right", "insolvency", "insolvent transaction", "liquidation", "liquidator's duties and powers", "mutual dealing", "mutuality", "pari passu principle", "set-off", "statutory scheme of liquidation", "unfair preference", "voidable transaction", "winding up". Corporations Act 2001 (Cth), ss 474, 477, 478, 553, 553C, 555, 556, 588FA, 588FC, 588FE, 588FF, 588

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process – frivolous or vexatious proceedings – where orders sought serve no utility

PROCEDURE – notices of motion – application to separate liability from quantum – damages must await plaintiff becoming an adult – defendant’s case on liability not ready – motion dismissed

COSTS – misguided appeal with no prospects of success – plaintiff failure to comply with orders regarding service of evidence – incomprehensible affidavits – appeal commenced against multiple named defendants who were not relevant to the appeal – court’s time wasted

CONTEMPT – civil contempt – breach of asset preservation orders – breach of undertakings to the Court – where mortgage is granted by corporate defendant over real property without notice being provided to the plaintiff as required by Court order – whether director of corporate defendant is also liable in respect of breach of Court order – where undertaking to release real property from mortgage is not fulfilled – where monies are dealt with and disbursed in breach of undertaking to the Court – where there has been a failure to provide information as required by a Court order – whether the conduct of the defendants otherwise interferes with or obstructs the course of justice so as to give rise to liability for contempt

CIVIL PROCEDURE — Where plaintiffs seek leave to discontinue proceedings — where bankruptcy of defendant extended — where plaintiff seriously ill — where any orders unlikely to be recoverable from defendant — whether grant of leave would cause injustice to defendant — whether defendant does not contend that he would be deprived of any advantage gained — plaintiff cannot justly be compelled to litigate against its will — leave granted CIVIL PROCEDURE — Cross-claims —alleged defamation —where cross defendant seeks adjournment of hearing — claim partly settled — balance of cross-claim to be determined — where extent of publication is in issue — where triviality is in issue — where cross-defendant seriously ill — adjournment granted

COSTS — Security for costs — Relevant factors — where outstanding judgment debts under Building and Construction Security of Payment Act 1999 (NSW) — where directors offer an undertaking to be personally liable for costs – Security ordered

DEED — Parties in dispute regarding operation of barbershop businesses in three locations — Plaintiff commences main proceedings and parties resolve differences by entering into a deed of settlement and release — Deed sets out particular provisions relating to each of the three businesses including particular provisions relating to assignment of a lease in respect of one of the businesses — Delay of one year between the date of the deed and the date plaintiff’s solicitors sent a letter to the landlord requesting their consent for an assignment of the relevant lease — Landlord specifies consent requirements which the plaintiff in turn seeks the first defendant’s cooperation in complying with — First defendant declines/fails to sign documentation — Plaintiff commences these proceedings seeking specific performance of the deed — First defendant incarcerated for part of the time of the proceedings and upon release then detained by immigration authorities — First defendant nonetheless legally represented for many directions hearings up to and including the time the matter is fixed for hearing — First defendant withdraws instructions to solicitors and is subsequently self-represented on several directions hearings and then released from detention — Some delay in first defendant seeking further legal representation — Belated application by first defendant on first day of the hearing to adjourn the hearing — Application refused and hearing proceeds UNREPRESENTED LITIGANTS — Content of procedural fairness INTERPRETERS — First defendant — Born in Kuwait — Assisted by Iraqi-Arabic interpreter — Arrangements for interpreters at the hearing CIVIL PROCEDURE — Hearings — Adjournment — Applicable principles — First defendant legally represented for many directions hearings up to and including time matter is fixed for hearing — First defendant withdraws instructions to solicitors and is subsequently self-represented on several directions hearings and released from detention — Some delay in first defendant seeking further legal representation — No disclosure of defence prior to hearing — Belated application to adjourn hearing refused PRACTICE AND PROCEDURE — Principles regarding email communications with Judge’s chambers — Approach with self-represented litigants DEED — Delivery — Requirements regarding delivery of deed CONSTRUCTION & INTERPRETATION — Principles of construction regarding contracts applicable to deeds — Approach to construction aided by identifying possible competing constructions EQUITY — Equitable remedies — Specific performance — Working out of orders for specific performance — Issues in respect of only one of three businesses litigated on application for specific performance — Effect of simmering un-litigated and unresolved other issues on order for specific performance — Whether order for specific performance in respect of litigated issue precludes the Court being able to subsequently address other un-litigated issues EQUITY — Equitable remedies — Defences to specific performance – Delay EQUITY — Equitable remedies — Specific performance — Order for specific performance brings contract under the supervision of the Court — Specific performance ordered subject to proffered undertaking that plaintiff not raise any estoppel argument in the event that a subsequent claim was made by the first defendant under the deed

BANKING – customer operates petrol stations – customer financially strained – customer referred to bank’s specialist unit to ‘turnaround’ stressed business customers – specialist unit works with customer for two years – bank presses customer to sell investment properties and paydown debt – customer seeks to expand and obtain additional finance – bank prevails – customer ultimately wound up by ATO and deregistered – bank writes off $3m owed – proceedings commenced 10 years later by guarantors for $56m in damages – time-barred claim of deregistered company brought by others – claims under legislation which did not then exist – claims inconsistent with surviving contemporaneous records – claims devoid of evidence in key areas – bank prompted by claim to file cross-claim to enforce remaining security – bank entitled to judgment. NATIONAL CREDIT CODE – “carried over instrument” – Consumer Credit Code – mortgages – meaning of “related guarantee” – guarantee must be related to credit contract: see [88]-[93]. LIMITATION OF ACTIONS - time for commencement of proceedings – Limitation Act 1969 (NSW) – deceit and contract claims – confirmation under s54 – any confirmation was after expiry –fraudulent concealment under s55 – not established – claims time barred. CODE OF BANKING PRACTICE – ‘small business’ – customer was not a small business – alleged breach of obligation not imposed until after relevant events – breaches not established. CORPORATIONS – application for reinstatement –not “just” to resurrect a company when its claims time barred and without merit.

CRIME – Appeals – appeal against sentence – seven offences committed whilst on conditional liberty – whether sentence was manifestly inadequate – whether indicative sentences were manifestly inadequate – objective seriousness of offences – proper consideration of Form 1 matters – sentence lenient but not manifestly inadequate – appeal dismissed CRIME – Manslaughter – use of motor vehicle – vehicular manslaughter based on gross criminal negligence – whether objective seriousness increased because it was preceded by illegal activity – vehicle collision unintentional

CRIMINAL LAW – appeal against aggregate sentence imposed after trial - indecent assaults by tutor on two students - where sentencing judge declined to find special circumstances - whether sentencing judge erred in not providing sufficient reasons for declining to find special circumstances - no error established - application for leave granted - appeal dismissed CRIME – aggravated indecent assault - where victims under the authority of the applicant - where two victims between the age of 16 and 18 years old

CRIME – appeals – appeal against sentence – parity – criminal drug syndicate – supply of large commercial quantity of prohibited drug, cocaine, contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – where all offenders involved in day-to-day running of syndicate, but applicant not involved in some significant parts of the joint criminal enterprise – where applicant acknowledged involvement in smaller quantity of drugs than co-offenders – where one co-offender had substantial criminal record – whether justifiable sense of grievance in light of sentences imposed on co-offenders

CRIMINAL PROCEDURE – suppression and non-publication orders – take down of online articles discussing now-quashed verdict on same charge – whether court can account for the risk jurors may disobey instructions and do own research – nature of pre-trial publicity – meaning of “necessary” in Court Suppression and Non-Publication Orders Act 2010 (NSW)

TORT – Trespass to land – Entitlement to sue in trespass - Whether family member of registered proprietor in possession who is permitted to reside at property can sue in trespass – Such a family member is a mere licensee and is not entitled to sue for trespass to land DAMAGES – Trespass to land – Trespass by police officers – General damages for violation of the right of exclusive possession – Aggravated damages awarded in respect of affront to family members permitted to reside on the property by the registered proprietor in possession – Exemplary damages awarded even though the conduct was not malicious or knowingly unlawful COSTS – Whether the commencement and continuation of proceedings in the Supreme Court, rather than the District Court, was warranted for the purposes of UCPR r 42.34 – No order as to costs

CRIME – judge alone trial – murder – defence of mental health impairment – special verdict where prosecutor and defence agree that defence available under s 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – Court satisfied that defence of mental health impairment established – special verdict entered

CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under the Home Building Act 1989 (NSW) s18B CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under Design and Building Practitioners Act 2020 (NSW) — opportunity to replead

PRACTICE AND PROCEDURE – Leave to litigant in person to issue subpoenas – No point of principle

LEGAL PRACTITIONERS – Costs – Statutory interpretation – Where legal practitioner entered into a costs agreement and estimated his costs at $60,000.00 – Where the practitioner failed to provide updates of estimated costs – Where the practitioner’s costs ultimately totalled $349,360.00 – Where Review Panel found that the failure on the part of the practitioner to provide updated estimates rendered the costs agreement void ab initio – Whether that finding reflected error – Whether the reasons of the Review Panel were adequate – No error established – Proceedings dismissed LEGAL PRACTITIONERS – Duty to the Court – Obligation upon legal practitioners to exercise judgment in determining what evidence is to be filed and relied upon in proceedings – Obligation upon legal practitioners not to burden the Court with material which is extraneous and duplicitous

CRIME — Appeals — Appeal against refusal of application for separate trials — where applicant charged with multiple similar offences in same indictment — whether probative value of tendency evidence outweighed danger of unfair prejudice — whether separate trials are necessary to avoid danger of unfair prejudice — effect of directions EVIDENCE — Admissibility — Tendency evidence — sexual offences

CRIMINAL PROCEDURE — trial — scheduled to commence — awaiting defence expert evidence — tenacious efforts in arranging for the expert evidence required for trial — trial adjourned

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process – defective pleadings – whether pleadings disclose a reasonable cause of action TORT – whether allegations of fact capable of supporting the elements of the tort

EVIDENCE – admissibility – accused testimony from previous trial where original verdict quashed – CCTV evidence rejected during first trial – whether footage so deficient in quality to render it prejudicial EVIDENCE – admissibility – hearsay – witness deceased – relevance to alleged motive of former spouse to procure hitman

CRIMINAL PROCEDURE – suppression and non-publication – law enforcement methodology and technology – prima facie position of open justice protected – extension of previous suppression and non-publication orders granted for 20 years

COSTS – Security for costs – quantum of further security to be granted – whether additional amount for past costs should be granted where party obtained security on specified basis – where discovery costs were higher than expected

CRIME – sentence – murder – sentence after trial – deceased stabbed with a knife – single penetrating wound – intention to inflict grievous bodily harm – intention held fleetingly – spontaneous offence - offender and deceased friends – no history of hostility or dispute – evidence of remorse – offender with a background of deprivation – longstanding history of drug use – role of drug use in the commission of the offence

HIGH RISK OFFENDER – application for extended supervision order – serious sex offender – criminal record includes murder with sexual flavour – over three decades of continuous custody - whether unacceptable risk of committing another serious offence if not kept under supervision – extended supervision order not opposed by defendant – length not opposed – no reliance on discretion not to impose – dispute limited to single condition – extended supervision order imposed

SUMMARY DISMISSAL – principles at [4]-[5] – building defects claim – earlier proceedings settled – whether settlement agreement included a release barring these proceedings – release in draft deed circulated without instructions to ‘open discussions’ – draft deed fell by the wayside in subsequent negotiations – ascertaining contractual terms at [6] – post-contractual conduct at [7].

HIGH RISK OFFENDERS –supervision and other orders under the Crimes (High Risk Offenders) Act 2006 (NSW) – application for interim supervision order and examination orders – whether, assuming matters alleged in supporting material proved, unacceptable risk of committing a serious offence if not supervised – conditions to be imposed as part of the interim supervision order

CIVIL PROCEDURE — originating process —application to further amend statement of claim — whether grant of leave in accordance with the dictates of justice

ADMINISTRATIVE LAW – Judicial review – Determination of Appeal Panel of Workers Compensation Commission – Powers of Appeal Panel – Whether Appeal Panel has the power to re-examine applicant prior to finding error – Where plaintiff suffered psychological injury

CHILD WELFARE — parens patriae — Prior secure accommodation orders and related orders made in relation to young girl — Subsequent deterioration in relation to R’s mental health and behaviour resulting in R’s hospitalisation and a scheduling order under the Mental Health Act 2007 (NSW) — Evidence of R’s refusal to take prescribed medication and of R’s threats to harm others but also suicidal ideation and self-harm — Urgent oral application brought by the Secretary and Minister for orders authorising certain medical treatment to be carried out on R and an order authorising R’s restraint for such purposes CHILD WELFARE — parens patriae — Discussion of scope of parental responsibility and concepts of “authorisation” of medical treatment as distinct from “consent” for medical treatment — In exigencies of urgency of application orders framed in terms of “authorisation” — Not appropriate, absent submissions, to express any firm view regarding the differences between what is said to be authorisation per se and consent for treatment and the question of precisely what is involved in framing of parens patriae orders in terms of authorisation or consent CHILD WELFARE — parens patriae — Order for authorisation of medical treatment — Proposed treatment premised on the fact that R would receive medication not significantly different to that which she had already been receiving nor materially different in dosage — Proposal that medication be administered in a different form mainly by IMI (with appropriate restraints to effect that) rather than orally — Orders authorising the administration of depot injections of psychotropic medication

EVIDENCE — Privilege — Legal professional privilege — Joint privilege — Common interest privilege — Plaintiff liquidator obtains examination orders to examine individuals associated with company placed into creditors’ voluntary liquidation (being one of various companies within a group), and orders for production of documents — Company restructure and business and staff ultimately transferred to a new company — Respondents (director and operations manager of company) produce documents but claim legal advice privilege over some of the documents — Several retainers entered a year apart — Respondents assert lawyers retained by a director and former director as such and not on behalf of the company —Plaintiff challenges claim for privilege — Urgent hearing during vacation — Orders announced and reasons subsequently provided EVIDENCE — Privilege — Whether Evidence Act 1995 (NSW) or common law applies in addressing claim for privilege EVIDENCE — Privilege — Approach to determining who retained lawyers and for what purpose — Neither respondent provides evidence — Lawyer provides written retainers and asserts understanding of retainer — Notwithstanding assertions regarding non-company retainer the company pays legal fees — Court not satisfied that retainer was only a retainer to which the director and former director were parties and not satisfied the company was not a party to the retainer EVIDENCE — Privilege — Legal advice privilege — Court satisfied that as a matter of substance a material part of the first retainer involved advice regarding restructuring of the company EVIDENCE — Privilege — Legal advice privilege — Joint privilege — Common interest privilege — Court satisfied the company has a common interest privilege and shared interest with at least the respondents in relation to the disputed documents EVIDENCE — Privilege — Legal advice privilege —Unnecessary to decide what if any particular privilege attaches to the individual disputed documents — Obiter comments regarding individual documents in the event that finding of a common interest privilege incorrect WORDS AND PHRASES—“legal professional privilege”—“joint privilege”—“common interest privilege”

WORKERS COMPENSATION – uninsured corporate employer – culpable director – employer deregistered after service of notices under s 145(1) of the Workers Compensation Act 1987 (NSW) – uncontentious that employer contravened s 155(1) of the Workers Compensation Act by failing to obtain a workers compensation insurance policy for injuries occasioned to employees – appellant was sole director of employer at time of contravention – where respondent sought to recover payments granted to injured employer from appellant as a “culpable director” under s 145A(1) of the Workers Compensation Act – where primary judge found that appellant actually knew of circumstances amounting to contravention for the purposes of defeating reliance on s 145A(5)(a) of the Workers Compensation Act – where primary judge also found that appellant was in a position to influence employer’s conduct in relation to the contravention so as to defeat reliance on s 145A(5)(b) of the Workers Compensation Act – whether primary judge erred in finding that the appellant actually knew of the facts amounting to contravention – whether primary judge erred in finding that appellant was in a position to influence employer’s conduct in relation to the contravention – whether primary judge erred in quantifying amount recoverable from appellant – each ground of appeal dismissed, with costs APPEALS – evidence – credibility findings – functions and obligations of an appellate court – basis and scope for appellate intervention upon trial judge’s findings of credit WORDS AND PHRASES – “knowledge” in s 145A(5)(a) of the Workers Compensation Act

PRACTICE AND PROCEDURE — Application for judges not to hear notice of motion seeking to set aside an order made by the same judges — actual or apprehended bias — application for disqualification rejected PRACTICE AND PROCEDURE — Application to set aside order dismissing summons for judicial review of judge’s decision refusing application for inquiry into convictions — no misapprehension of facts or law — application dismissed

CRIME – procedure – interlocutory appeal – application for permanent stay – applicant unfit to stand trial – charge of buggery with child – special hearing to be conducted – refusal by trial judge to permanently stay proceedings – reliance on delay, cognitive impairment and physical infirmity – whether judge erred in not finding continuation of proceedings unacceptably unfair

CRIME – Appeals – Appeal against conviction – Fresh evidence – whether evidence relied upon by appellant is “fresh evidence” – Incompetence of counsel – whether at trial counsel for the appellant failed to follow client’s instructions and failed to cross-examine on the existence of various documents – Miscarriage of justice – whether trial judge erred by failing to leave the defence of mental illness to the jury – whether trial judge erred by failing to leave manslaughter to the jury on the basis of the defence of substantial impairment – whether trial judge erred in admitting evidence – whether trial judge erred by failing to leave manslaughter to the jury on the basis of self-defence and/or provocation – whether trial judge erred by failing to give a variety of directions – whether there was a “shift” or “split” in the Crown case which caused the trial to miscarry – whether trial judge erred by including juror who had been chosen to speak on behalf of jury at earlier time in the ballot to select verdict jury – operation of proviso in those circumstances

CRIMINAL LAW – appeal – appeal against conviction – persistent sexual abuse – whether verdict of guilty unreasonable – whether trial judge erred by failing to direct jury regarding the requirement for an “unlawful sexual relationship” in the s 66EA offence

CORPORATIONS LAW — Securities — Application for orders extending the period for issuing cleansing notices under s 708A of the Corporations Act 2001 (Cth) — Securities issued without valid cleansing notice — Where failure to issue cleansing notice was an honest and inadvertent error — Other orders made under s 1322 of the Corporations Act 2001 (Cth).

INTEREST – interest on damages – where damages award has past and future element INTEREST – interest on damages – whether plaintiff bound to rate claimed in substantive hearing – no detrimental reliance by defendant – plaintiff not bound TORTS – malicious prosecution – misfeasance in public office – collateral abuse of power – time at which actions accrue COSTS – indemnity costs – where three offers of compromise sent by plaintiff all no less favourable – where reasonableness of first offer questioned by defendant

CRIMINAL LAW – proceeds of crime – forfeiture orders

JURISDICTION OF COURTS – Transfer of proceedings – from Supreme Court to Federal Circuit and Family Court of Australia – whether seriously arguably that Federal Circuit and Family Court of Australia would not have jurisdiction

HIGH RISK OFFENDERS — Interim detention orders — Application — serious sexual offending — whether risk mitigated by imposition of interim supervision order — where interim supervision order made

ENVIRONMENT AND PLANNING – judicial review of decision to grant development consent to respondent for erection of new dwelling-house and associated structures – development consent granted to respondent by a Commissioner of the Land and Environment Court on a consent basis without intervention by applicants – where applicants contend that the Land and Environment Court as consent authority had no jurisdiction to grant consent because height limit was exceeded and there was no application to vary the standard as required by the Local Environmental Plan – factual questions arising on summons for judicial review remitted to Equity Division for determination - where the parties dispute the method of calculating the height of a dwelling-house in accordance with cl 4.3 of the Kogarah Local Environmental Plan 2012 – where respondent alleges that applicants excavated parts of the site said to contravene height limit – held that the proposed building exceeds maximum building height, though that is not apparent from the plans submitted to the consent authority – held that applicants did not excavate relevant parts of respondent’s land – unnecessary to answer other questions

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Partial dismissal of claim CIVIL PROCEDURE — Pleadings — Striking out

EQUITY – Trusts and trustees – Resulting trusts – Purchase money trusts – Presumption of advancement EQUITY – Trusts and trustees – Constructive trusts – Common intention

CIVIL LAW – proceeds of crime – cryptocurrency – urgent relief – approaching 6pm – restraining orders – ordered requiring defendant to facilitate transfer of bitcoin – undertaking as to damages