Dotcom: I won't sue NZ govt
Legal expert says NZ government could be liable to compensate Mr Dotcom for lost Megaupload income – estimated to be $500 million a year.
UPDATE: Reacting to media stories today about possible compensation, Kim Dotcom tweeted yesterday afternoon, "Don't worry about us suing the NZ government & burdening Kiwi tax payers. The US government shall pay & puppets shall fall."
It was a more black-and-white statement than his September 26 tweet: "I prefer not to sue the NZ Government. We love it here & we don't want to burden tax payers. But it's time for diplomacy. This is all wrong."
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Government might be liable for huge compensation to Dotcom for $500m/year lost Megaupload income
Whether New Zealand might need to pay Mr Dotcom hundreds of millions of dollars if his arrest is found to be illegal could depend on what arrangements it has made with the United States government.
Speaking to TV3’s The Nation programme at the weekend, barrister and commercial litigation specialist Kenneth Johnston said the New Zealand Government gave an indemnity to Mr Dotcom to cover damages from the police raid if that was found to be illegal.
That raised the question as to whether the government could be liable to compensate Mr Dotcom for lost Megaupload income – estimated to be $500 million a year.
“If the New Zealand government was going to have to give an indemnity, it would look for a reciprocal indemnity from the United States government,” he said.
“But whether in fact that was sought, or whether it was obtained, I don’t know.
“The test will be whether a judge is prepared to accept that there is a causative link between a loss and the order made to enforce the American order in this country.”
Mr Johnston said it was rare for a country to find itself in this situation “because we aren’t asked every day to assist foreign authorities with the enforcement of their court orders”.
NBR staff
Mon, 08 Oct 2012
Mon, 08 Oct 2012
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