Quote from: kirth on April 28, 2019, 04:39:04 PM

https://blog.wizsec.jp/2019/04/coinlab-v-mtgox-imaginarium-of-peter.html

Thanks for the link. This situation was well known before but it's good to see an updated version including the civil rehab. events.
As Japan is not an overly litigious country I would have expected the Vessenes claim to be thrown out of court at the first opportunity. From there, I would imagine that senior courts would be reluctant to hear appeals, especially given that the case is a ridiculous claim by a USA company vs a Japanese bankruptcy (civil rehabilitation) trustee. That doesn't seem to be the case so far though.

Not surprised that Gox lawyers weren't so thorough on the contract but I would be very interested to know if the contract had an exclusive remedy clause. Given that the article mentions there was a liquidated damages section I would assume there would be. In such a case, unless the exclusive remedy bizarrely excludes the termination or contract breach clauses, Vessenes would be s*** out of luck unless he can somehow prove to a Japanese court that the actual damages to his shitty company are anywhere near his USD16b claim (which would be impossible as his mind has clearly detached from reality).

Although the cynic in me thinks it could still be years before Vessenes is finally kicked in the balls on this claim, the Japanese can move very quickly when they want to. Hopefully Kobayashi kicks up enough of a fuss to push the case along far enough that a senior court rejects to hear an appeal and it's all done & dusted.