A decision in the High Court case against the Director-General of Health over the legality of the Covid-19 lockdown has been reserved.
Law drafter Andrew Borrowdale claims Ashley Bloomfield went beyond his powers, and it was unlawful to put the country into lockdown.
Otago University law professor, Andrew Geddis, told Mike Hosking if the case is successful, the defence is likely to ask that a formal declaration is not given.
He says a lot of commercial issues could arise.
"People who had rents put on hold or who weren't able to build businesses and their contracts were affected, because of what was seen as the law, if that wasn't the law, that could mess it all up."