With each blaming the other for deadlocked management of their Katikati kiwifruit and avocado orchard, Justice Harvey ordered Lijia Stewart co-operate to ensure creditors were paid. Estranged spouse Peter Stewart has a protection order out against his wife and has been paying Peter Stewart Holdings Ltd’s business creditors out of his own pocket, the High Court was told.
Lijia, also known as Luwina Guo, has been deliberately obstructive, blocking ongoing operation of Stewart Holdings, Peter Stewart claims. She disputes his entitlement to a $196,000 annual salary. The two are currently embroiled in a relationship property dispute, having separated in early 2021.
Meanwhile, payment of Stewart Holdings employee wages, trade creditors and tax has been prejudiced. Mr Stewart says he spent some $600,000 of his own money to pay company debts.
Ms Stewart says she lives on a benefit and is receiving no money from a family trust which is majority shareholder of Stewart Holdings. The protection order prevents her from attending meetings proposed to resolve their differences, she says.
The stalemate cannot continue, Justice Harvey said. Stewart Holdings viability is under threat. A temporary Companies Act injunction was imposed, enabling Stewart Holdings to keep trading pending a full court hearing.
Ms Stewart was ordered to sign off on payment of company debts. Included as a company debt is Mr Stewart’s salary. Justice Harvey ruled only fifty per cent of Mr Stewart’s $196,000 salary package is payable whilst their dispute continued.
Stewart v. Stewart – High Court (19.07.23)
23.118