YEAR IN REVIEW: One man looms over courts

From the lowest district court to the Supreme Court, litigation in this country has this year been overshadowed by one large figure. 

Whether it was the America’s bid to extradite Kim Dotcom, the accused pirate’s civil actions or his evidence in the case against former MP John Banks, the Giant German has been a key figure in our courts this year.

The loss of his Kiwi legal team will be a significant blow and it remains to be seen which firm will pick up the string of cases Mr Dotcom is involved in.

Given that Simpson Grierson have already resigned, Chapman Tripp and Hudson Gavin Martin represent the copyright holders in this market, and MinterEllisonRuddWatts are representing Mona Dotcom’s interests, many of the big players will conflicted out.

The costs to this country via the Crown so far have been roughly valued at $6 million in July this year, and expected to rise again as the case could be deferred as new legal counsel come on board.

Much of the litigation has involved tricky evidence laws, the judicial reviews of lower court decisions and the freezing and unfreezing of assets.

However, Mr Dotcom has been cross examined in two high profile cases – John Banks’ trial for knowingly filing a false electoral return, and his own bail hearing.

It is under cross exam where the many intriguing details of the internet entrepreneur's life have been made public, how he works lying on his stomach on a work bed, his time in Mount Eden prison, and how he and Mona came to get their infamous last name. 

While Mr Dotcom's time in the court has amassed the most headlines, as the election heated up a local figure emerged as keen on the courts: Colin Craig. 

The Conservative Party leader action revealed his litigous nature with suits against Green Party co-leader Russel Norman (now settled), the Electoral Commission and MediaWorks.

The High Court ruling allowing Mr Craig to appear on TV3 current affairs show The Nation looks to have extended the right judges have to intervene into private broadcasters’ actions and will be an interesting area to watch, albeit until the next election.

But this year was not just about high profile, political personalities repeatedly turning to the courts for help.

Vince Siemer was declared a vexatious litigant and there is a long list of people he cannot take proceedings against (yet the court cases continue).

In August the Supreme Court ruled Greenpeace could apply to register as a charity, in a decision which will impact advocacy groups across the political spectrum.

Just last week the top court declined leave to appeal the landmark pay equity case Terranova, although as the case reverts to the Court of Appeal how much of a victory is for women in the workforce remains to be seen. 

For investors the South Canterbury Finance litigation is finally at a close and just a handful of cases stemming from finance company collapses, remain before the courts.

While the Financial Markets Authority has ruled out civil inquiries against its directors, Kapiti Coast adviser Chris Lee claims his “SCF Action Group” is gaining pace.  

Cases to make headlines in 2015: 

• Sally Ridge taking her fight against former lover Adam Parore’s company Small Business Accounting to the Court of Appeal.

• The Supreme Court will rule on restraint of trade clauses in a relationship property dispute between Nutra-Life Care founders Michael and Christine Thompson.

• The ad industry will closely watch the trial of former The Media Counsel director Glenda Wynyard, which takes place in February.

• The Supreme Court is expected to rule on insolvency issues in the Fences & Kerbs case, which was heard way back in March of this year.

• The Supreme Court will also hear Mark Hotchin’s last attempt to bind Perpetual Trust in liability. The hearing is expected to push out the FMA’s proceedings against Hanover which had been scheduled for June next year.

• A Kiwifruit grower’s group has lodged a negligence claim against Biosecurity NZ which will be interesting for the tort. 

vyoung@nbr.co.nz