NT Beverages Group Pty Ltd v PT Bromo Tirta Lestari, in the matter of NT Beverages Group Pty Ltd

The case before the court was an application by NT Beverages Group Pty Ltd (NT Beverages) to set aside a creditor's statutory demand for debt, or alternatively to vary the demand, pursuant to sections 459G and 459H of the Corporations Act 2001 (Cth). The demand was issued by PT Bromo Tirta Lestari (Bromo). The dispute centred on whether the supporting affidavit provided a plausible basis for offsetting claims in excess of the amount claimed in the statutory demand and whether the requirements to provide a plausible basis for offsetting claims for lost profits had been met. The court also had to consider whether the statutory demand should be set aside or varied.

The court found that while NT Beverages had a plausible claim for breach of contract, it did not extend to the full purchase price of the mould. The court held that the evidence did not support a claim that the mould was valueless, and therefore did not support a claim for a full refund. The court did, however, accept that there was a serious question to be tried as to whether NT Beverages was entitled to damages for the costs of remedying the alleged breach, amounting to $6,512. The court found that there was a plausible basis for offsetting claims, but only to the extent that a plausible basis for those claims had been established. The statutory demand was therefore varied to reflect the amount that could be plausibly claimed.

The court concluded that the statutory demand should not be set aside but varied to the amount of $386,077.41. The court declared that the demand was to have effect, as varied, from the date of service on NT Beverages. The court ordered that the time for compliance with the statutory demand be extended to 1 August 2017 and that NT Beverages pay Bromo's costs of the proceeding.