17 November 2023

Disqualification: Registrar of Companies v. Andrews

 

Raymond Anthony Andrews has been permanently prohibited from ever again managing a company after conviction multiple times for bankruptcy offences together with associated convictions for fraud, forgery and tax evasion.  He is now aged 74 and enrolled as a law student.

Andrews has remained bankrupt since 2008.  Creditors owed some $684,700 in that bankruptcy were left unpaid.

Insolvency legislation prohibits individuals, whilst bankrupt, from running a business.

The High Court was told of Andrews contemptuously ignoring rules governing his bankruptcy, being convicted in 2013, 2017 and 2019 of operating businesses whilst bankrupt.  He defrauded both customers and suppliers.

Conviction in 2013 for the first series of offences followed offending in Tauranga and the northern half of the North Island.  His 22 month jail sentence did not deter subsequent offending.

Business revenue, which should have been declared, was hidden from Insolvency Service. In one instance, Andrews used his daughter’s bank account without her knowledge to hide cash.   

He was sentenced to terms of imprisonment three times, the longest sentence being in 2019: six years and six months.  He was released on parole in 2022.

When permanently banning Andrews from ever again managing a company without prior court approval, Justice Hinton said he had shown complete disregard for the law and for his bankruptcy.  Andrews had shown no remorse, she said.  His offending had not lessened over time, it had escalated with longer prison sentences imposed for subsequent convictions.

Permanent prohibition is uncommon.  Andrews is only the second person to be permanently barred from managing a company.

Registrar of Companies v. Andrews – High Court (17.11.23)

24.016