Bank of Valletta PLC v National Crime Authority [1999] FCA 1099

Bank of Valletta PLC v National Crime Authority [1999] FCA 1099

The risk of breaching Maltese law by complying with the notice does not provide a reasonable excuse because the Australian public interest in investigating possible criminal activity outweighs the risk, especially where no practical alternative means to obtain the documents exists; evidence regarding the absence of a suspected person was admissible as a statement of fact.

Parties
Appellant: Bank of Valletta PLC; First Respondent: National Crime Authority; Second Respondent: Aziz Gregory Melick
Jurisdiction
Australia
Judgment Date
13 August 1999
Procedural Posture
Appeal / On Appeal From a Judgment of the Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Production of Documents, Statutory Notice Overseas, Reasonable Excuse Defence, Banking Confidentiality, Criminal Investigation, Evidence Admissibility
Administrative Law Production of Documents Statutory Notice Overseas Reasonable Excuse Defence Banking Confidentiality Criminal Investigation Evidence Admissibility

Case Brief

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Parties

Bank of Valletta PLC

Appellant

National Crime Authority

First Respondent

Aziz Gregory Melick

Second Respondent

Procedural Posture

Appeal / On Appeal From a Judgment of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Bank of Valletta PLC had a 'reasonable excuse' for failing to comply with a notice under s29 of the National Crime Authority Act 1984 due to possible contravention of Maltese law
  2. 2 Whether compliance with the notice would constitute a 'disclosure' in breach of Maltese law
  3. 3 Admissibility of the investigating officer's evidence regarding the lack of a suspect

Ratio Decidendi

The risk of breaching Maltese law by complying with the notice does not provide a reasonable excuse because the Australian public interest in investigating possible criminal activity outweighs the risk, especially where no practical alternative means to obtain the documents exists; evidence regarding the absence of a suspected person was admissible as a statement of fact.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the appeal of the respondents.