Mathias Ortmann, Bram Van der Kolk and Finn Habib Batato v The United States of America and The District Court at North Shore - SC 54/2018

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
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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
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A We remit the proceedings 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.
B We direct the Registrar 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).
22 February 2021