The taxpayers have appealed to the Full Federal Court against the decision of Perram J in Hua Wang Bank Berhad & Ors v FCT (No 2) [2012] FCA 938 (31 August 2012). The Federal Court had, among other things, dismissed the taxpayers’ application for judicial review of the Commissioner’s decision to issue a formal request to Her Majesty’s Revenue & Customs in the United Kingdom for information.
[LTN 185, 24/9]
Hua Wang Bank Berhad & Ors v FCT – Commissioner can obtain UK information but agreed not to use it until taxpayers’ appeal heard
The Federal Court has dismissed an application by taxpayers that effectively sought to prevent the Commissioner from considering documents he had requested from the UK, at least until further order of the Court. Rather, the Court noted that the Commissioner had undertaken that, until the hearing of the taxpayers’ appeal, he would not use or deploy in litigation against them any documents provided from the UK.
The taxpayers have appealed against a judgment of Perram J in Hua Wang Bank Berhad & Ors v FCT (No 2) [2012] FCA 938, and subsequent orders made by his Honour on 17 September 2012. The current application before the Court (Buchanan J) was for interlocutory orders pending the hearing and determination of that appeal. Perram J had, among other things, dismissed the taxpayers’ application for judicial review of the Commissioner’s decision to issue a formal request to Her Majesty’s Revenue & Customs in the United Kingdom for information concerning the taxpayers and other parties.
The Federal Court noted that in the course of correspondence between the parties, the Commissioner had declined to give any undertaking that the information request to the UK would be withdrawn pending the outcome of the appeal, but did offer “…that until the hearing of the appeal [the Commissioner] will not use or deploy in litigation against the Applicants any documents provided to him pursuant to the request to [the UK accounting firm] by HMRC”.
The Court dismissed the interlocutory application and noted that the Commissioner had undertaken as noted above.
(Hua Wang Bank Berhad & Ors v FCT [2012] FCA 1070 Federal Court, Buchanan J, 19 September 2012).
[LTN 189, 28/9]