DEM Services Pty Ltd v Stiefler & Ors [2022] QSC 6

SUPREME COURT OF QUEENSLAND CITATION: DEM Services Pty Ltd v Andrew Stiefler and Allison Stiefler & Ors [2022] QSC 6 PARTIES: DEM SERVICES PTY LTD (ACN 010129816) (plaintiff) v ANDREW STIEFLER AND ALLISON STIEFLER (first defendants) AUSTRALASIAN FOOD GROUP PTY LTD (ACN 154314913) (second defendant) KINGLOC COMMERCIAL EQUIPMENT PTY LTD (ACN 003031552) (third defendant) FILE NO/S: BS 12782/18 DIVISION: Trial PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVERED ON: 21 January 2022 - on the papers DELIVERED AT: Brisbane HEARING DATE: 21 January 2022 JUDGE: Callaghan J ORDER: 1. That the order of Boddice J dated 16 June 2021 be amended such that references in the order to CGU Insurance Limited be substituted with Insurance Australia Limited. 2. The time the second defendant/first third party has to file and serve proceedings against Insurance Australia Limited is 14 days from the date of the order herein. 3. The second defendant/first third party’s costs of and incidental to this application be the second defendant/first third party’s costs in the cause in any subsequent third party/fourth party proceedings against Insurance Australia Limited. SOLICITORS: Carter Newell Lawyers for the plaintiff Barry Nilsson Lawyers for the first defendants HWL Ebsworth Lawyers for the second defendant HBM Lawyers for the third defendant -- 1 of 2 -- 2 [1] The second defendant applies to the Court seeking orders amending the order of Boddice J dated 16 June 2021, and Williams J dated 8 September 2021, to the effect that: (a) The party against whom leave is granted to issue proceedings against is amended to Insurance Australia Ltd; and (b) The time for the second defendant to file and serve third party / fourth party proceedings against Insurance Australia Ltd is 14 days from the date of the order herein. [2] The order of 16 June 2021 the second defendant was given leave to issue and file third and fourth party proceedings against CGU Insurance Ltd. [3] CGU Insurance Ltd was deregistered on 15 April 2019. Its insurance business has been transferred to Insurance Australia Ltd. [4] In the circumstances, the second defendant was unable to comply with the orders previously made. [5] The other parties have been notified of this application, and either have not expressed a view or have indicated that they “do not oppose” or “do not object” to the application or the orders proposed. [6] It is in all those circumstances appropriate to order that: (a) The order of Boddice J dated 16 June 2021 to grant leave to issue proceedings be amended to Insurance Australia Ltd in place of CGU Insurance Ltd; and (b) The order of Williams J dated 8 September 2021 be amended to allow 14 days from the date of the Order for the third party / fourth party proceedings to be filed. [7] The costs of this application will be the second defendant’s costs in the cause of any subsequent third party or fourth party proceedings against Insurance Australia Ltd. -- 2 of 2 --