Kim Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk v The United States of America and The District Court at North Shore - SC 30/2013

Summary

Civil Appeal – Extradition – Disclosure – Whether the Court of Appeal erred in interpreting the NZ/US Treaty – Whether the Court of Appeal erred in its interpretation and application of ss 22, 24, 25 and 102(1)(e)(i) of the Extradition Act 1999 which allow for and contemplate disclosure – Whether the Court of Appeal erred in its interpretation and application of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its interpretation and application of the relevant Canadian and United States authorities – Whether the Court of Appeal erred in determining that the Criminal Disclosure Act 2007 did not apply in the extradition context – Whether the Court of Appeal erred, in relation to the cross-appeal, in determining that s 184B of the Summary Proceedings Act 1957 procedure applies in the extradition context.[2013] NZCA 38    CA526/2012 

Result

A Leave to appeal is granted. 
B  The approved ground is: was the Court of Appeal correct to hold that the disclosure orders made in the District Court and upheld by the High Court were wrongly made? 

16 May 2013

___________

Appeal dismissed.
Costs reserved

21 March 2014

Additional Information

Hearing date : 30 July 2013

Elias CJ, McGrath, William Young, Glazebrook, Blanchard JJ.