IN THE COURT OF APPEAL OF NEW ZEALAND

CA420/2013 [2014] NZCA 19

BETWEEN

HER MAJESTY’S ATTORNEY-GENERAL
Appellant

AND

KIM DOTCOM
First Respondent

AND

FINN BATATO
Second Respondent

AND

MATHIAS ORTMANN
Third Respondent

AND

BRAM VAN DER KOLK
Fourth Respondent

Hearing: 28 November 2013
Court:

Ellen France, Randerson and White JJ

Counsel:

D J Boldt, F Sinclair and M J Cooke for Appellant
P J Davison QC, W Akel and H D L Steele for First Respondent
G J Foley and L Stringer for Second, Third and Fourth Respondents

Judgement:19 February 2014 at 10.00am

JUDGMENT OF THE COURT

A The appeal is allowed in respect of the declaration as to the invalidity of the search warrants, but dismissed in respect of the declaration as to the unauthorised removal of the clones from New Zealand.

B The order made in the sealed judgment of the High Court at 1 declaring the search warrants invalid is set aside.

C The orders made in the sealed judgment of the High Court at 3.1 and 3.2.1 are confirmed.

D Leave is reserved to any of the parties to apply to this Court for any further relief that may be necessary in respect of the remaining orders in the sealed judgment of the High Court.

E The respondents are to pay 60 per cent of the costs of the appellant for a standard appeal on a band A basis. We certify for two (not three) counsel. The liability of the respondents for costs is joint and several.

F Leave is reserved for the parties to apply to the High Court for costs in that Court in light of this judgment.

Read the full judgement here:

Her_Majestys_AttorneyGeneral_v_Kim_Dotcom.pdf

ENDS

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