KIM DOTCOM v DISTRICT COURT AT NORTH SHORE [2019] NZSC 27

KIM DOTCOM v DISTRICT COURT AT NORTH SHORE [2019] NZSC 27

The Supreme Court dismissed leave because the seven challenged causes were either not reasonably arguable or constituted abuse of process (including collateral attacks on earlier judgments) and the statutory leave criteria in s 74(2) were not satisfied; the applicant had opportunities to raise the issues in the eligibility proceedings and failed to do so.

Citation
[2019] NZSC 27
Parties
Applicant: Kim Dotcom; First Respondent: District Court at North Shore; Second Respondent: Deputy Solicitor-General (Criminal); Third Respondent: Minister of Justice; Fourth Respondent: United States of America; Fifth Respondent: Deputy Solicitor-General (Crown Legal Risk); Sixth Respondent: Attorney-General
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
14 March 2019
Procedural Posture
Application for Leave to Appeal From Court of Appeal Striking Out Judicial Review Causes of Action / Leave Application Dismissed by Supreme Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Abuse of Process, Strike Out / No Reasonable Cause of Action, Collateral Attack on Judgments, Statutory Interpretation of Extradition and Copyright Provisions, Leave to Appeal Criteria
Extradition Law Judicial Review Criminal Law Procedure Appeals Intellectual Property Law Abuse of Process Strike Out / No Reasonable Cause of Action Collateral Attack on Judgments +2 more

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Parties

Kim Dotcom

Applicant

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

Procedural Posture

Application for Leave to Appeal From Court of Appeal Striking Out Judicial Review Causes of Action / Leave Application Dismissed by Supreme Court

Legal Issues

  1. 1 Whether seven causes of action in judicial review were reasonably arguable or an abuse of process
  2. 2 Whether collateral attack on earlier judgments is permissible via separate judicial review proceedings
  3. 3 Whether issues not raised in eligibility proceedings can be litigated in collateral proceedings

Ratio Decidendi

The Supreme Court dismissed leave because the seven challenged causes were either not reasonably arguable or constituted abuse of process (including collateral attacks on earlier judgments) and the statutory leave criteria in s 74(2) were not satisfied; the applicant had opportunities to raise the issues in the eligibility proceedings and failed to do so.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Applicant to pay costs of NZD 2,500 to the fourth respondent