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Dotcom 'thumped' in appeal court, told (again) to disclose assets

Kim Dotcom has been ordered to reveal his assets again, this time by the Court of Appeal.

The internet entrepreneur now has until September 5 to disclose his assets to the movie studios and recording companies who are suing him.

The lawyer for the movie studios, Chapman Tripp partner Matt Sumpter, told NBR ONLINE today he would be shocked if there was an appeal.

He says his opposition was “thumped” by the Court of Appeal panel, which agreed with the lower court (see the judgment below).

The movie and music companies have brought a case against Mr Dotcom and others in the US claiming over $US100 million for copyright infringement.

The parties are in the midst of negotiations over freezing orders for Mr Dotcom’s assets but the movie studios and others asked for better clarification of what the assets are.

The issue was heard before Justice Patricia Courtney in the High Court, who ruled he must disclose his assets.

Mr Dotcom went to Court of Appeal, which delivered judgment against him today.

Simpson Grierson special counsel Tracey Walker had argued that the proceeding should be stayed, or held off.

She argued disclosure would cut across privacy rights.

However, the Court of Appeal panel of Justice Lynton Laurence Stevens, Justice Doug White and Forrest Miller said the movie studios and others could be affected if Mr Dotcom did not disclose what he owns.

“In the absence of any undertaking from Mr Dotcom, there is no assurance that he will not take steps to dissipate or remove his assets prior to the hearing,” the judgment says.

The full trial is set down for October 9.

RAW DATA: Judgment (PDF)113.63 KB

More by Victoria Young

Comments and questions

Might quiet down the Obese German for a while!

I wonder if he now wishes he chose somewhere in South America (perhaps Ecuador) rather than NZ to settle.

An Embassy in Guatamla perhaps.

In fairness, he probably assumed Hollywood lobbyists would be able to reach him there.

He may have been a bit naive thinking they couldn't manage to influence politics here, despite our good Transparency International record.

Or he thought he would be able to influence politics and politicians more by his spectacular "big-bangs" over the Auckland harbour and elsewhere.
Again - somewhat naively.

He'll take it up to the next level...buys him a few more months before his inevitable extradition...

I have put a call into his lawyer to find out if he is going to the Supreme Court (no response yet), but do note that last time he did not appeal the High Court decision until the day before the asset reveal deadline - so we may not know until then!

Will the Supreme Court be prepared to hear it?

how can they extradite him now that he is a solo dad to kiwi born children

KDC isn't dumb. No matter what he is made to disclose I suspect it would only be the tip of the iceberg. And no-one will be any the wiser.

True - certainly criminal and deceitful, but dumb, no.

How do you get the Partners at Simpson Grierson to smile for a photo?

"Say fees"

I wonder if a complete stash of Whaleoil emails and Facebook messages will be listed amongst his assets?

The sooner the FF (you work it out) is extradited the better off we will be as a nation. He is a criminal even if he "only provided ships to the pirates", he acted in full knowledge of the copyright theft hat made him a wealthy FF. While the NZ Police kowtowed to their FBI counterparts and stuffed it up, the courts should not. As for Chapman Tripp being shocked if there was a further appeal, it's not every day you pick up a gig for Hollywood studios, so shock may not translate into dismay should proceedings carry on. And on.

Very well put - agree 100%

You can thank Key for inflicting Dot Com on us his sucking up to the yanks got him into the country.

Just imagine the government surplus if funds were not wasted on this BS. Stick him on a plane and ship him out- we don't want him.

"The GSCB has discovered it acted unlawfully in intercepting the communications of certain individuals connected with the above case, apparently acting in the erroneous belief that they were foreign persons when in fact they held New Zealand residency status.
Rt Hon John Key, Prime Minister, 17 September 2012."

We are not the 51st State of USA but it's beginning to look like we are!
Be careful what you wish for.

I see, so they (the GCSB) didn't make an honest simple mistake then, it's all a vast conspiracy run by the FBI, the CIA, the NSA and the White House in Washington then? There's no other explanation for it, no other possibility at all. I think you've being watching too many movies and TV, mate. Funny that, given that most of them are made in Hollywood.

Laws are there to punish and protect. The shonky way the raids were carried out meant that anyone, you or I, could be subject to the same harassment on the whim of any dodgy politician. Be careful giving away hard fought for freedoms.

Hopefully one of the assets is a long range jet plane. I am sure the government could hold a whip around for fuel and he could hop aboard and be the leader of his own party on an overseas one way trip.
Bon Voyage from New Zealand with love.

So the Hollywood studios cannot determine how much damages they have incurred until they find out KDC total assets?

Sounds like fishy logic right there. Or just wanton judicial destruction of a business competitor by buying the judgements they desire?

Are you suggesting our Courts are corrupt and that our Judges can be brought for cash?

No, what he is saying is that he works for someone who has a team of people monitoring all posts in news or blogs that might cast KDC in a negative light, and then reply. It is just disappointing that the journalists in NZ are too slow to catch on to this little fiasco and report it. Come on NBR give this to Duncan or someone who can research and expose it

its possible or the old boys network or other means

OMG are you for real !
Just have a look around the world (let's say UK anyway) where the so correct liberal rights purists have insisted on objecting to anything other than the rights of let's say the silent majority have destroyed the country and ended up with bloody chaos that is killing the very fabric of society- YOU guys be careful of what YOU wish for . I for one do not want to even think about the NZ you think you want to see.. Just what are you - really!!!!

He is not a "business competitor", he is an unprincipled accomplice in the commission of theft of the outputs of genuine businesses which have invested a great deal of capital, skill, and effort in the production of their unique products.

just like u tube and many other sites

Really tiresome, all this. Someone, give KDC a box of KFC to get him started on his asset inventory.

Being an affected one of KDC's actions (I will not state how), I will personally be at the airport, with others, to wish him bon voyage once the extradition has been approved.

Drinks and cocktails for all at the after-party if you want to join :)