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The Minister of Finance -v- AD [2015] CA (Bda) 18 Civ (12 June 2015)

June 2015 Tax Information Exchange Agreements

BERMUDA

COURT OF APPEAL

INTERNATIONAL COOPERATION (TAX INFORMATION EXCHANGE AGREEMENTS) ACT, 2005 (THE “ACT”) – DISCLOSURE OF DOCUMENTS PLACED BEFORE THE COURT

This was an appeal of an earlier ruling by Hellman J ordering the Minister of Finance to disclose documents which were placed before the Judge in support of an, ex parte, application for a Production Order. Prior to the hearing the Minister voluntarily disclosed the documents, however due to the importance of the decision to other pending and anticipated cases the Minister wished to continue with the appeal. AD was not represented but the Court was assisted by the submissions of the amicus curiae.

Kay JA gave the Judgment of the Court, dismissing the Appeal and upholding the decision at first instance. The Appeal was essentially based on the submissions that the words used in the Act were clear and unambiguous, that the relevant subsection (Section 5(6A)) was intended to prevent fishing expeditions, which the Judge ought to have found were commonplace, and that the Judge erred in finding that the subsection related to redacted information.

 

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The Minister of Finance -v- AD [2015] CA (Bda) 18 Civ (12 June 2015)

 

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