09 December 2016

Bankruptcy: re Henderson

Property developer and serial bankrupt David Ian Henderson was discharged from his second bankruptcy leaving unpaid personal debts exceeding one hundred million dollars.  He is prohibited from managing any business until December 2022. 
Common themes running through Mr Henderson’s business behaviour justified restrictions on his business actvities, Associate-judge Osborne ruled.  This included: giving personal guarantees not backed by any assets; avoiding tax; diverting GST and PAYE deductions; failing to keep proper records; failing to meet financial reporting requirements and stonewalling in the face of demands from receivers and liquidators for documents and information.
His second bankruptcy started in 2010.  Automatic discharge three years later was blocked following objections by the Insolvency Service.
Under questioning from Insolvency Service, Mr Henderson painted himself as a go-getter entrepreneur more interested in getting things done than dealing with trifling administrative matters.  Agreement could not be reached on the full extent of Mr Henderson’s indebtedness.  He disputed Insolvency Service calculations and criticised its handling of creditors’ claims.  Judge Osborne said the total of Mr Henderson’s debts fell somewhere between $100 million and $150 million.
The High Court was told of Mr Henderson presenting inflated statements of personal net worth when signing multiple guarantees to support his property developments then later denying liability when demand was made.  He expressed the view guarantees were not so much binding obligations as unenforceable letters of comfort.  For tax years 2001-2007, he filed tax returns declaring no taxable income.  Inland Revenue reassessed his tax liability for this period at $2.2 million being income tax of $813,800 plus penalties and use of money interest.  Inland Revenue said interest free loans paid to him from one of his companies were in fact income.  Treating the income as loans amounted to tax avoidance, it said.  Inland Revenue also claimed Mr Henderson was personally liable to make good diverted GST and PAYE deductions totalling $1.86 million after adding in associated penalties.
Mr Henderson blamed his bankruptcy on the 2008 banking crisis and subsequent collapse of second-tier lenders funding his property developments.  The Insolvency Service said Mr Henderson displays a high level of confidence in his own business abilities, taking little or no responsibility for his insolvency with no insight into the impact of his conduct.
Mr Henderson will be 67 when his business prohibition expires in 2022.
Re Henderson – High Court (9.12.16)

17.009