Evan Stewart alleges liquidators of Eversons International are acting as puppets of Inland Revenue chasing him down for $3.7 million owed by Eversons in unpaid taxes and late payment penalties. His court application for access to Eversons’ IRD tax files was dismissed; secrecy provisions in tax law bar disclosure to third parties.
In 2018, Eversons International Ltd went into liquidation, put out of business after a governmentvolte faceoutlawed its then business of selling legal highs. Mr Stewart was sole director and shareholder. Eversons financial statements show net assets of more than three million dollars and overseas investments of $6.5 million. These reported overseas assets have apparently disappeared into thin air. Liquidators are finding Mr Stewart unhelpful. Legal action is currently underway alleging Mr Stewart: borrowed funds from the company now due for repayment; breached directors’ duties owed his company; and took dividends from the company at a time when it was insolvent.
In pre-trial wrangling, Mr Stewart demanded access to correspondence between Inland Revenue and the liquidators. This may help shed light on the missing overseas assets, he said. Liquidators are also acting unfairly in taking legal action against him for the benefit of Inland Revenue, he claims.
Associate judge Paulsen ruled emails between Eversons’ liquidators and Inland Revenue concerned ‘sensitive revenue information.’ As such, they could not be disclosed to third parties. Mr Stewart is a third party. Once in liquidation, liquidators act on behalf of a company and have access to company IRD records. Mr Stewart as director of Eversons no longer acts on his company’s behalf since it is liquidation.
Eversons International Ltd v. Stewart – High Court (13.07.22)
22.123