Kim Dotcom v The United States of America - SC 57/2018


Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the Copyright Act 1994 – Whether the Court of Appeal erred in its findings on the admissibility of evidence challenging the record of the case.


The Court has jurisdiction to hear the proposed appeals.                                            
20 December 2018
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).  
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed.  Leave to appeal is declined with regard to the appeal in CA302/2015.                                                     
20 December 2018
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.

B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.

C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.

D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.

E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020

Case Synopsis

Includes case history and issues for determination by SC v4. Hearing 10 June 14 June 2019 (PDF 264 KB)

Related Documents

Additional Information


Oral hearing – Jurisdiction 5 December 2018

Supreme Court judgment / Media Release

Hearing date

10 - 14 June 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ