George Ferizis & Co Pty Limited v Taurean Financial Planning Pty Ltd [2014] NSWDC 322

District Court New South Wales

Medium Neutral Citation: George Ferizis & Co Pty Limited v Taurean Financial Planning Pty Ltd [2014] NSWDC 322 Hearing dates: 14 November 2014 Date of orders: 14 November 2014 Decision date: 14 November 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) In respect of the Notice to Produce dated 12 September 2014, the plaintiff be relieved from producing for inspection documents: (a) answering the second half of each of paragraphs 1 and 2 of the Notice to Produce, so that the plaintiff's obligation to produce documents for inspection extends only to: (i) Any and all authorised representative agreements between IFA Securities Pty Limited ACN 084 661 521 (IFA) and George Ferizis and Co Pty Limited and/or George Ferizis; and (ii) Any and all authorised representative agreements between IFA and George Ferizis and Co Pty Limited and/or George Ferizis and Andrew Mathews and/or Taurean Financial Planning Pty Limited. (b) Answering paragraph 9 of the Notice to Produce other than producing documents indicating the amount of insurance commission received by the plaintiff or George Ferizis from March 2006 to December 2010 for or in respect of Peter William Turner, Phak Hong Fung and Chung Kian Fung. (c) Answering paragraph 10 of the Notice to Produce save for Statements of Advice for Peter William Turner, Phak Hong Fung and Chung Kian Fung dated in the period 2007 to 2010 in respect of insurance. (2) Extend the time for service of the defendants' affidavits to 5pm on 18 November 2014. (3) The costs of the application be costs in the proceedings. (4) Note the matter is to be the subject of a mediation scheduled for later in November 2014 and is listed for hearing on 17 February 2015. Catchwords: INTERLOCUTORY ORDERS – notice to produce – relief from production – amendments to notice - costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 21.11, r 42.7 Category: Procedural and other rulings Parties: George Ferizis & Co Pty Limited (plaintiff) Taurean Financial Planning Pty Ltd (first defendant) Andrew Mathews (second defendant) Representation: Counsel: Mr A Korakis (plaintiff) Ms A F Knox (defendants)