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Mona refused exclusion from Dotcom freezing orders

Kim Dotcom’s estranged wife, Mona, has failed to have some property excluded from asset freezing orders against her former lover.

While Mrs Dotcom separated from the German entrepreneur in May, a Court of Appeal decision says she can’t separate her assets from freezing orders.

Today’s court decision says Mr Dotcom’s assets will be frozen until April 18, 2015. (see the judgment attached)

Mr Dotcom’s assets have been frozen since 2012 following a police raid on his Coatesville home.

The High Court at Auckland confirmed that the US restraining orders on Mr Dotcom’s assets could be registered in New Zealand.

At the Court of Appeal stage Mona’s lawyer said there was no dispute the former model had interests in property subject to the US restraining orders.
The court heard that some is her personal and separate property and she has a relationship property interest in some of the other restrained property.

Lawyers argued Mrs Dotcom has not been charged with any offence and there is no application to extradite her to the United States.

However, these arguments were rejected by the Court of Appeal panel of Mark O’Regan, John Wild and Christine French.

In a separate case, Mr Dotcom will go to the Court of Appeal to fight a High Court ruling that he must disclose what and where his assets are.

Justice Pamela Courtney in High Court at Auckland found in favour of movie studios’ arguments that assets must be disclosed for negotiations to continue.

RAW DATA: Judgment (PDF)154.23 KB

More by Victoria Young

Comments and questions

Oh well, you can't win 'em all.....probably wished Wylie E was presiding.

So, as far as conspiracy theories go....

Was the separation by KD an elaborate ruse to use his wife as a reason to still have access to his assets?

Separated but living on the same property? Seems rather convenient.

Of course it was. Stoked it didn't work.

Oh well, plan B has not worked. Time to call off the "separation", and big news of a reconciliation and news of a pregnancy......

And the pre requisite tell all in the Woman's Weekly

That's the spirit, kick a separated couple while they're down. Reader comments highly cerebral here at "the meeting place of intelligent business" as usual.

I'd kick that convicted criminal in person if I could. I'm sure she is lovely, but she's certainly made her bed so she needs to lie in it.

I think, some people will come to the conclusion that the so-called "separation" was a contrived subterfuge to circumvent the freezing orders over the couple's assets.

With this CoA ruling, I'm pretty sure, that Kim will bemoan more that Mona.

I find it quite disgraceful how people say some mean things here. I think any marriage no matter how strong it is will take a huge beating with all the drama that unfolded.

Personal life is quite different to the whole saga that unfolded. She was quite brave and handled it well until the end.

As far as the asset freeze, all I am thinking of are the 5 innocent kids. especially with 2 of them with Autism, it must be hard to manage.

Aside from what he did was right or wrong, from a humanitarian perspective it is not so nice to badmouth the ex-wife and kids. Dotcom's actions has already taken a huge toll on them I am sure.

Compassion for the kids and Mona might go a long way. I am sure we have all made mistakes and had undesirable relationships in the past. The public doesn't need to beat them up even more.

I think you are naively assuming the "split" was real? She is a party to his crimes, so forgive me if I don't have any sympathy.

What is more disturbing is that your assets can be frozen
Guilty until proven innocent

Duh, what world do you live in?
Just in case you actually did arrive yesterday from another planet....... that's so you can't dispose of the alleged stolen assets and/or proceeds while the process takes place.
Has no effect on the outcome or presumption of guilt. In fact the court has to be satisfied there is a decent case before they'll issue the freeze order.