More court battles look inevitable over money from Soldier Five, the book by New Zealand commando Mike Coburn about the failed SAS mission behind Iraqi enemy lines in the 1990 Gulf War.
Coburn says he wrote his book to put the record straight after others in the squad penned highly fictionalised
accounts.
He wanted to share any profits with the families of fallen comrades.
Yesterday at the High Court in Auckland, Justice John Doogue sealed a High Court decision, reflecting a Court of Appeal decision that Coburn had a valid contract with the British MOD.
The Court of Appeal ruled 2 1/2 years ago that any publication of information from Coburn's time with the SAS would be a breach of the confidentiality contract he signed.
The appeal court refused to issue an injunction but Coburn would have to account for profits to the MOD.
It was ordered by consent yesterday that Coburn file an affidavit showing receipts and payments relating to the book by April 30.
He has agreed to the accounting in accordance with the contract, and has already voluntarily filed an affidavit showing his receipts and payments.
Bernard Brown, QC, and Chris Finlayson, appearing for Her Majesty's Attorney-General for England and Wales, said that under the contract their client was entitled to any money from the book.
Coburn's lawyer, Warren Templeton, said the issue of profit and expenses would be argued in court hearings in the months to come.
So far, profits had gone to repay money advanced to fight the case.
Outside the court Mr Templeton said that having failed to get an injunction stopping the book, the MOD was now going for the money.
