Ortmann v United States of America

[2018] NZSC 126

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 54/2018
 [2018] NZSC 126

BETWEEN	MATHIAS ORTMANN First Applicant
BRAM VAN DER KOLK Second Applicant
FINN HABIB BATATO Third Applicant
AND	UNITED STATES OF AMERICA First Respondent
DISTRICT COURT AT NORTH SHORE Second Respondent

SC 55/2018
BETWEEN	FINN HABIB BATATO Applicant
AND	UNITED STATES OF AMERICA Respondent

SC 56/2018
BETWEEN	MATHIAS ORTMANN First Applicant
BRAM VAN DER KOLK Second Applicant
AND	UNITED STATES OF AMERICA Respondent

SC 57/2018
BETWEEN	KIM DOTCOM Applicant
AND	UNITED STATES OF AMERICA Respondent

SC 58/2018
BETWEEN	KIM DOTCOM Applicant
AND	UNITED STATES OF AMERICA First Respondent
DISTRICT COURT AT NORTH SHORE Second Respondent

Court:	William Young, Glazebrook and Ellen France JJ
Counsel:	G M Illingworth QC, P J K Spring and A K Hyde for Messrs Ortmann and van der Kolk A G V Rogers for Mr Batato R M Mansfield and S L Cogan for Mr Dotcom K Raftery QC for United States of America
Judgment:	20 December 2018

JUDGMENT OF THE COURT

AThe applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.

B         The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015). 

CTo the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed.  Leave to appeal is declined with regard to the appeal in CA302/2015.

___________________________________________________________________

1. The Registrar is instructed to set the appeals down for hearing in the first week of April.

Solicitors:
Keegan Alexander, Auckland for Messrs Ortmann and van der Kolk
Anderson Creagh Lai Limited, Auckland for Mr Dotcom
Crown Law Office, Wellington for United States of America