Dem Services Pty Ltd v Andrew Stiefler and Allison Stiefler

Case [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. 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.

Details
AGLC
Dem Services Pty Ltd v Andrew Stiefler and Allison Stiefler [2022] QSC 6
Case
[2022] QSC 6
Decision Date

CaseChat Overview and Summary

The case of Dem Services Pty Ltd v Andrew Stiefler and Allison Stiefler involved a dispute between the plaintiff, a building contractor, and the defendants, a married couple who engaged the contractor to construct a home on their property. The case was heard in the Supreme Court of Victoria. The plaintiff sought damages for breach of contract and other related claims, while the defendants counterclaimed for various defects in the construction work.

The central legal issue before the court was whether the order made by Boddice J on 16 June 2021, which referenced CGU Insurance Limited, should be amended to reflect that the relevant insurer was now Insurance Australia Limited. The defendants argued that the order should be amended to reflect the correct name of the insurer, as it was a matter of public record and the error had caused confusion. The plaintiff did not contest the amendment but did raise concerns about the timing and potential costs associated with the amendment.

The court agreed that the order should be amended to correctly reference Insurance Australia Limited. The court found that the error was a clerical mistake and did not affect the substance of the order. The court further determined that the second defendant had 14 days from the date of the order to file and serve any proceedings against Insurance Australia Limited. The court also ruled that the second defendant's costs in relation to the application would be the same as their costs in any subsequent proceedings against Insurance Australia Limited.

In summary, the court amended the previous order to correctly reference the relevant insurer and set a timeframe for the second defendant to initiate proceedings against the correct party. The court also clarified the cost implications of the amendment.

Orders

Orders of the court

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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