Post
Topic
Board Service Discussion
Re: CoinLab suing MtGox for $75 milliion?
by
Chuck Finley
on 14/05/2013, 12:43:30 UTC
Would a freezing order would be enforceable? It is not a final and conclusive order.

Yes a freezing order can be made enforceable as in the criteria in the link I posted above or the similar link in your post.

When they say "final" they mean that it is a final order on that specific issue, not of the entire matter.

I can appreciate that this is confusing but what would happen is that a motion would be brought in the course of the lawsuit to have some accounts frozen for a duration and reason (ie: freeze 75,000,000 in this account in case we win our claim for 75,000,000 so there will be funds available to pay it - while I think it is unlikely that they'd get such an order let's assume that they do for purposes of this discussion). There will be some sort of order on that motion either allowing the freezing or dismissing the motion. So while the actual lawsuit itself is still making its way through the court, there could be a final order made on the issue of freezing accounts until the main trial is resolved.

However if there is an interim order on the motion (perhaps the judge orders a temporary freezing of funds for a week while he makes his decision on whether or not to freeze the funds for the duration of the lawsuit) that would not be enforceable in Japan since it is not a final order on the motion.

Does that make sense?