05/05/2022 - 15:54

Advisor fails to veto Di Ciano lawsuit

05/05/2022 - 15:54

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Former ANZ financial advisor Steven Talevski has failed to quash Perth entrepreneur Natasha Di Ciano’s legal claim against him for allegedly accessing her bank records.

Advisor fails to veto Di Ciano lawsuit
Ms Di Ciano and four of her companies launched legal action against the major bank and Mr Talevski back in 2020. Photo: Attila Csaszar

Former ANZ financial advisor Steven Talevski has failed to quash Perth entrepreneur Natasha Di Ciano’s legal claim against him over allegations he accessed and shared details of her bank records.

Ms Di Ciano and four companies in her name, including Perth-based building technology company NXT TEC, launched a Supreme Court action against the major bank and Mr Talevski back in 2020.

The court case centered around allegations Mr Talevski, who is also Ms Di Ciano’s brother-in-law, had accessed her bank accounts during his five-year tenure as a private wealth manager with ANZ.

In the writ, Ms Di Ciano claimed Mr Talevski accessed the accounts of her businesses, despite not having sought financial or wealth management advice from him, and that that information was later passed on to third parties.

Further, Ms Di Ciano claimed Mr Talevski had viewed accounts tied to her on 11 occasions between 2017 and 2018, a move she claims breached his duty of confidentiality.

According to documents published by the court, she sought an injunction preventing Mr Talevski from disclosing information about the business’ accounts or Ms Di Ciano, demanding compensation and to be reimbursed for any legal action that may ensue.

As part of its defence, ANZ conceded Mr Talevski accessed the accounts information of Ms Di Ciano five times between August 2014 and February 2015, but denied all other allegations.

In November last year, Mr Talevski applied to have the entirety of Ms Di Ciano’s statement of claim struck out and the lawsuit dismissed, saying the statement of claim failed to allege that the information was confidential.

In a judgement handed down by the Supreme Court Judge today, Master Craig Sanderson said it was difficult to see how he could deny the allegation, given ANZ’s admission he accessed Ms Di Ciano’s accounts information.

He was also quick to shut down any suggestion that Mr Talevski did not know the accounts were confidential.

“Apart from medical records it is difficult to conceive of personal information which is more confidential than an individual's financial position,” Master Sanderson said.

“The relationship between banker and customer has at its heart confidentiality and the protection of financial information provided by the customer to the bank.”

The application was dismissed, with Mr Talevski to foot the bill for the appeal.

Ms Di Ciano founded image consultancy firm Egami Style in 2007 before establishing a second arm of the business specialising in executive recruitment.

She is currently the managing director of NXT Tec.

STANDING BY BUSINESS. TRUSTED BY BUSINESS.

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