Kim Dotcom fails in Supreme Court appeal, ordered to pay $2.5k to GCSB
Tuesday, 4 February 2020
Internet entrepeneur Kim Dotcom has lost a court bid for damages against the Government Communication Security Bureau.
Dotcom was the mastermind behind internet file-sharing website Megaupload.
He is currently waiting for a separate Supreme Court decision on whether or not he'll be extradited to the United States to face copyright-related charges.
He, along with business associates Matthias Ortmann, Bram van der Kolk and Finn Batato, have been fighting the extradition since Dotcom's former rented home in Coatesville, north Auckland, was raided by New Zealand police in 2012.
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* From internet-piracy accused mogul to household name: the Kim Dotcom legal saga explained**
In the latest court battle, Dotcom applied for damages after the unlawful interception of his private communications.
The communications were intercepted by the GCSB from late 2011 to early 2012. The bureau was acting at the request of the Police, who were assisting the US authorities.
Dotcom was subsequently arrested in January 2012.
It later became apparent the GCSB had acted unlawfully. Dotcom brought a civil claim and sought damages.
The case has gone through the High Court and Court of Appeal.
During the High Court appearance, Stuart Grieve QC was appointed as a Special Advocate who had access to the intercepted information.
Dotcom himself was not granted access to the information, as the GCSB argued it could not be disclosed under the Evidence Act.
At the Court of Appeal, Dotcom argued the Special Advocate process had miscarried, but the court ruled in the GCSB's favour.
Dotcom then sought leave to appeal to the Supreme Court.
On Monday, the Supreme Court released its decision. It dismissed the mogul's right to appeal and ordered him to pay $2500 in costs to the GCSB.
In the Supreme Court judgement, the justices said nothing raised by Dotcom at the hearing gave rise to the appearance of a miscarriage of justice.
'We are not satisfied that it is necessary in the interests of justice to hear the proposed appeal.'
The GCSB had admitted liability and had been 'held to account', the judgment said.