DEM Services Pty Ltd v Andrew Stiefler and Allison Stiefler
[2022] QSC 6
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- DEM Services Pty Ltd v Andrew Stiefler and Allison Stiefler[2022] QSC 6
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DEM Services Pty Ltd v Andrew Stiefler and Allison Stiefler[2022] QSC 6
DEM Services Pty Ltd v Andrew Stiefler and Allison Stiefler[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: |
|
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.
- (a)
- [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.
- (a)
- [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.