Dem Services Pty Ltd v Andrew Stiefler and Allison Stiefler

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.