Re Henderson
Case
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[2017] NZHC 474
•16 March 2017
Details
AGLC
Case
Decision Date
Re Henderson [2017] NZHC 474
[2017] NZHC 474
16 March 2017
CaseChat Overview and Summary
David Ian Henderson sought permission to be involved in the management of twelve entities. Henderson was discharged from bankruptcy on 27 January 2017, subject to restrictions under s 299 of the Insolvency Act 2006. Henderson's applications were dismissed, and the applications were adjourned with leave to re-apply. Henderson's applications were dismissed as the Court was not satisfied that the public interest would be protected if Henderson was allowed to be involved in the management of the entities. Henderson's applications lacked sufficient detail, including information about the governance and management of the entities, and Henderson's role within them. The Court concluded that Henderson's approach to the applications suggested that he had not recognised the issues of unfitness raised by his past conduct. Henderson's applications were adjourned with leave to re-apply if they were amended and supported by additional evidence.
Details
Key Legal Topics
Areas of Law
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Insolvency Law
Legal Concepts
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Limitation Periods
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Protection of Public Interest
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Deterrence
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Maintenance of Business Standards
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Judicial Review
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Citations
Re Henderson [2017] NZHC 474
Most Recent Citation
Foster [2023] NZHC 334
Cases Citing This Decision
8
Benjamin
[2023] NZHC 2572
Foster
[2023] NZHC 334
Clarke
[2021] NZHC 3017
Cases Cited
14
Statutory Material Cited
0
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[2016] NZHC 2969
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[2004] HCA 42
Al-Kateb v Godwin
[2004] HCA 37