MATHIAS ORTMANN v UNITED STATES OF AMERICA [2021] NZSC 9

MATHIAS ORTMANN v UNITED STATES OF AMERICA [2021] NZSC 9

The Supreme Court remitted the judicial review appeals to the Court of Appeal because key parties (Mr Dotcom and the United States) opposed this Court resolving the outstanding issues and remission allows the Court of Appeal to identify and resolve the outstanding issues and produce a reasoned decision subject to...

Source-derived case information.

Citation
[2021] NZSC 9
Parties
First Appellant: Mathias Ortmann; Second Appellant: Bram van der Kolk; Third Appellant: Finn Habib Batato; First Respondent: United States of America; Second Respondent: District Court at North Shore; Appellant: Kim Dotcom
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
22 February 2021
Procedural Posture
Judicial Review Appeals (sc 54/2018 and SC 58/2018) / Remitted to the Court of Appeal
Outcome
Proceedings remitted to the Court of Appeal for identification and resolution of any outstanding issues in relation to the judicial review appeals
Legal Topics
Abuse of Process, Remission to Lower Court, Identification of Outstanding Issues, Leave to Appeal, Case Stated Appeals
Judicial Review Appeal Civil Procedure Abuse of Process Remission to Lower Court Identification of Outstanding Issues Leave to Appeal Case Stated Appeals

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Parties

Mathias Ortmann

First Appellant

Bram van der Kolk

Second Appellant

Finn Habib Batato

Third Appellant

United States of America

First Respondent

District Court at North Shore

Second Respondent

Kim Dotcom

Appellant

Procedural Posture

Judicial Review Appeals (sc 54/2018 and SC 58/2018) / Remitted to the Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in holding the judicial review proceedings were an abuse of process
  2. 2 Which issues remain outstanding in the judicial review proceedings
  3. 3 Which court should identify and resolve any outstanding issues

Ratio Decidendi

The Supreme Court remitted the judicial review appeals to the Court of Appeal because key parties (Mr Dotcom and the United States) opposed this Court resolving the outstanding issues and remission allows the Court of Appeal to identify and resolve the outstanding issues and produce a reasoned decision subject to any further appeal.

Court Disposition

Proceedings remitted to the Court of Appeal for identification and resolution of any outstanding issues in relation to the judicial review appeals

Orders

  • The proceedings are remitted to the Court of Appeal for the identification of the outstanding issues in relation to the judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
  • The Registrar is directed to provide to the Court of Appeal copies of the submissions made by the parties in response to this Court's request for submissions in its substantive judgment (Ortmann v United States of America [2020] NZSC 120).