Application by the New South Wales Crime Commission

The application was brought by the New South Wales Crime Commission seeking an ex parte production order under the Criminal Assets Recovery Act 1990 (NSW). The applicant sought an order for the respondent, a bank, to provide information that would assist in the recovery of criminal assets. The matter was heard in the Supreme Court of New South Wales. The bank opposed the application on the basis that the information was commercially sensitive and would breach its contractual obligations with its customers.

The court had to determine whether the information sought was relevant to the recovery of criminal assets and whether the applicant had satisfied the criteria for an ex parte production order. The court had to balance the need for the information to assist in the recovery of criminal assets against the bank's legitimate business interests and the need to protect the privacy of its customers. The court also had to consider whether the applicant had made sufficient efforts to obtain the information through other means before seeking an ex parte order.

The court found that the information was relevant to the recovery of criminal assets and that the applicant had satisfied the criteria for an ex parte production order. The court held that the bank's legitimate business interests and the need to protect the privacy of its customers were outweighed by the public interest in recovering criminal assets. The court found that the applicant had made sufficient efforts to obtain the information through other means before seeking an ex parte order. The court made the orders sought by the applicant.

The court ordered the bank to provide the information sought by the applicant within a specified timeframe. The court also ordered that the bank could redact any information that was not relevant to the recovery of criminal assets or that would breach its contractual obligations with its customers. The orders were made without notice to the bank.