23 April 2015

Maintenance: Police v. Dotcom

Kim Dotcom is allowed $170,000 per month out of assets blocked by restraining orders to meet household living expenses following a High Court review of his financial position.
Currently facing an extradition hearing over allegations of copyright infringement in the United States, Kim Dotcom told the High Court he is running out of ready cash.  His assets worldwide are subject to restraining orders.
The High Court was told his legal bills have been substantial.  To December 2014, he has spent over ten million dollars on legal fees with two million still owing.  Mr Dotcom estimates ongoing legal fees will come to between two and four million dollars.  He also has substantial living costs to meet.  His current home on a lifestyle block at Coatesville north of Auckland is leased until February 2016 at an annual rental of one million dollars (about $80,000 per month).  He has the shared care of five children, two of whom are autistic requiring additional care.  Employment costs for eight staff were running at $35,000 per month.  
His assets restrained include ten million dollars in New Zealand government bonds.  Following a court hearing in 2012, Mr Dotcom was permitted to use these bonds as security for borrowing $5.4 million to meet ongoing legal and living expenses.
Back in court, he was asking for the remaining $4.6 million in government bonds to be released.  Justice Courtney ruled he could draw down $170,000 per month to meet legal fees and living expenses until such time as the Coatesville lease expired.  This figure was calculated on monthly expenses of rent ($80,000), staff costs ($25,000), household expenses ($15,000) and security ($15,000).
Police, with the support of US film studios, unsuccessfully opposed the application for funds to be released.  They claim Mr Dotcom has access to assets not caught by the world-wide restraining orders held a a trust called the Trust Me Trust.  The Trust’s major asset is a shareholding in Mega Ltd, said to be worth more than $30 million.  Mr Dotcom said shares in Mega Ltd cannot be sold prior to a proposed public listing.  Justice Courtney was unwilling to rule on the status of the Trust Me Trust at this stage.  The hearing was an application for access to funds for living expenses and legal expenses, not a hearing to decide who is the beneficial owner of Mega Ltd.
Police v. Dotcom – High Court (23.4.15)

15.035