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]	
[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.