The Attorney-General is seeking court costs of almost $14,000 from a cameraman who taped a conversation between the Prime Minister and an ACT candidate before the election.
The conversation between John Key and John Banks was recorded by Bradley Ambrose, who later passed the material to the Herald on Sunday newspaper.
Mr Ambrose denied intentionally recording the conservation and sought a declaration from the High Court as to whether it was actually private.
But the High Court refused to rule on the decision.
Lawyer Ron Mansfield says Attorney-General Christopher Finlayson is now seeking costs of $13,669.45 which he says he has the right to do in a civil case.
Mr Mansfield says he has asked Mr Finlayson to consider that Mr Ambrose only brought the case to court to clear his name.
He says there will now be further correspondence and if costs are still sought, he will challenge it through the courts.