Dotcom v Twentieth Century Fox Film Corporation; [2018] NZHC 299

Dotcom v Twentieth Century Fox Film Corporation; [2018] NZHC 299

The application did not sufficiently engage NZBORA rights or raise issues of the necessary complexity to depart from ordinary scale costs; certification for second counsel was not justified; respondents awarded costs on a 2B basis excluding any allowance for second counsel.

Source-derived case information.

Citation
[2018] NZHC 299
Parties
Applicant: Kim Dotcom; First Respondent: Twentieth Century Fox Film Corporation; First Respondent: Disney Enterprises, Inc; First Respondent: Paramount Pictures Corporation; First Respondent: Universal Studios Productions LLP; First Respondent: Columbia Pictures Industries Inc; First Respondent: Warner Bros Pictures International; Second Respondent: Yiftach Swery
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2018
Procedural Posture
Application Under Part 19 High Court Rules for Access to Court File / Costs Judgment
Outcome
Applicant's submission to reduce costs dismissed; application for certification for second counsel dismissed; respondents awarded costs on a 2B basis excluding second counsel
Legal Topics
Costs, Certification for Second Counsel, NZBORA Rights, Natural Justice
Civil Procedure Access to Court Records Constitutional Law Costs Certification for Second Counsel NZBORA Rights Natural Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kim Dotcom

Applicant

Twentieth Century Fox Film Corporation

First Respondent

Disney Enterprises, Inc

First Respondent

Paramount Pictures Corporation

First Respondent

Universal Studios Productions LLP

First Respondent

Columbia Pictures Industries Inc

First Respondent

Warner Bros Pictures International

First Respondent

Yiftach Swery

Second Respondent

Procedural Posture

Application Under Part 19 High Court Rules for Access to Court File / Costs Judgment

Legal Issues

  1. 1 Whether costs should be reduced because the application engaged NZBORA rights
  2. 2 Whether certification for second counsel should be granted
  3. 3 Whether the application sufficiently engaged rights of natural justice to depart from ordinary costs

Ratio Decidendi

The application did not sufficiently engage NZBORA rights or raise issues of the necessary complexity to depart from ordinary scale costs; certification for second counsel was not justified; respondents awarded costs on a 2B basis excluding any allowance for second counsel.

Court Disposition

Applicant's submission to reduce costs dismissed; application for certification for second counsel dismissed; respondents awarded costs on a 2B basis excluding second counsel

Orders

  • Respondents are awarded their costs and disbursements as listed in the schedule to their memorandum dated 24 January 2018, less the amount provided for second counsel
  • No certification for second counsel awarded