30 Mar 2022
Adjournment to 1 May 2023 was justified because the mutual assistance evidence sought was potentially highly probative, the request was substantial and not caused by Crown fault, and the complexity of the case meant the delay was not, on balance, undue; to protect defendants' rights the Crown was ordered to provide any material obtained by 20 December 2022.
23 Apr 2015
The application to vary the restraining orders was allowed because, on the evidence, the Trust Me Trust assets (notably the Mega shareholding) were not sufficiently liquid to meet Mr Dotcom's immediate legal costs and reasonable living expenses; s 28 CPRA permits access to restrained property for legal expenses and reasonable living expenses subject to consideration of availability of unrestrained assets, and in the particular circumstances it was appropriate to permit access to the remaining government bonds and to authorise living expenses of NZD 170,000 per month pending reassessment when…
28 May 2008
Rule 213 is limited to civil or commercial matters and cannot be used to serve foreign criminal process; the validity of service of Austrian criminal process must be determined under Austrian law by the Austrian court; service on the Austrian Embassy is inappropriate due to sovereign immunity; applicants failed to discharge the burden under r 220 and the New Zealand court will not accept jurisdiction to set aside the Austrian summonses, therefore the application is dismissed.