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

FEDERAL COURT OF AUSTRALIA Bank of Valletta PLC v National Crime Authority [1999] FCA 1099 ADMINISTRATIVE LAW – Investigation by National Crime Authority – Production of documents – Statutory notice requiring disclosure of documents held in Malta by Maltese bank – Documents related to financial transactions undertaken in Australia – Production of documents might involve bank in a contravention of Maltese law with the possibility of criminal action or restrictions on its banking licence – Whether bank had "reasonable excuse" to refuse or fail to comply with the notice – Matters relevant to determination of the question of "reasonable excuse" – Need for a balancing exercise between the consequences for the bank of compliance and the need to investigate possible criminal activity – Admissibility of statement by investigating office that information available to him does not identify a particular suspect. Brannigan v Davison [1997] AC 238 referred to National Crime Authority Act 1984, s29 Evidence Act 1995, s76 BANK OF VALLETTA PLC v NATIONAL CRIME AUTHORITY and AZIZ GREGORY MELICK N616 of 1999 WILCOX, WHITLAM and LEHANE JJ SYDNEY 13 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N616 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BANK OF VALLETTA PLC

Appellant

AND: NATIONAL CRIME AUTHORITY

First Respondent

AZIZ GREGORY MELICK

Second Respondent

JUDGES: WILCOX, WHITLAM and LEHANE JJ

DATE OF ORDER: 6 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant, Bank of Valletta PLC, pay the costs of the appeal of the respondents, National Crime Authority and Aziz Gregory Melick.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.