Key legal question
Whether the appeal against the BJ's refusal to hear the objection to the 15 February 2002 mutual assistance order was timely
Extracted holding
Service of the order on the bank-lagernd bank was valid and the ten-day objection period started when the bank received the order; the objection filed on 5 September 2003 was out of time.
Extracted reasoning
Where the account holder has chosen a bank-lagernd correspondence arrangement and given no Swiss service address, the assistance order is deemed duly served when received by the bank. The risk that the bank failed to inform the client lies with the client, and the office need not verify the bank's internal duties.