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Dotcom appeal on judicial review action: leave denied

IN THE SUPREME COURT OF NEW ZEALAND
I TE KŌTI MANA NUI
SC 101/2018
[2019] NZSC 27

BETWEEN

KIM DOTCOM
Applicant

AND

DISTRICT COURT AT NORTH SHORE
First Respondent DEPUTY SOLICITOR-GENERAL (CRIMINAL) Second Respondent MINISTER OF JUSTICE Third Respondent UNITED STATES OF AMERICA Fourth Respondent DEPUTY SOLICITOR-GENERAL (CROWN LEGAL RISK) Fifth Respondent ATTORNEY-GENERAL Sixth Respondent

Judgment:
14 March 2019

JUDGMENT OF THE COURT
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the fourth respondent.

REASONS

[1] The fourth respondent, the United States of America, seeks the extradition of the applicant, Mr Dotcom, and three others. The District Court found them eligible for extradition and their appeals to the High Court and Court of Appeal were dismissed. They have been granted leave to appeal to this Court and their appeals are set down for hearing in early June.

[2] The United States wishes to put the applicant and his colleagues on trial on charges of conspiracy to commit and commission of criminal copyright infringement, racketeering, money laundering and wire fraud.

[3] The present application for leave arises from a separate judicial review proceeding commenced by the applicant. It contains eight causes of action challenging various aspects of the process leading up to, or related to, the extradition proceedings. The United States applied to strike out the first seven causes of action. In the High Court, Brewer J struck out the seven causes of action. The Court of Appeal dismissed the applicant’s appeal from that decision. The applicant seeks leave to appeal against the decision of the Court of Appeal.

[…]

[8] The application for leave is dismissed. The applicant must pay costs of $2,500 to the fourth respondent.

Full judgment: 2019NZSC27_Dotcom_v_District_Court.pdf



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