“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
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.
