An appeal by Christchurch property developer, David Henderson, against the High Court decision imposing conditions on his discharge from bankruptcy has been dismissed.
Henderson's discharge had been opposed by the Official Assignee and following a lengthy public examination in the High Court, that Court had imposed a series of conditions on his discharge. The conditions included that Mr Henderson was prohibited from giving any personal guarantee and that he was not to be a director of any company until 2022. The orders were based on factual findings by the Court concerning Mr Henderson's commercial history and conduct, including that he had deliberately structured his affairs so that he would have no assets to honour the many personal guarantees he had given and to avoid meeting tax obligations.
On appeal, Henderson did not challenge these findings but argued that the High Court had erred by imposing the conditions without giving regard to his post-adjudication conduct, being an issue on which the Official Assignee continued to oppose his discharge.
The Court of Appeal held that the High Court had not erred as it was not obliged to make a finding on every issue reported by the Official Assignee. The Court of Appeal said that the allegations around Henderson's post adjudication conduct were relatively inconsequential compared with other factors, and dismissed the appeal. Henderson remains subject to the conditions imposed by the High Court.
See the full Court decision here.