24 May 2023
HENDERSON v THE REGISTRAR OF COMPANIES [2023] NZHC 1233
- Citation
- [2023] NZHC 1233
- Court
- High Court
The company, despite trustee form, carried out the development and therefore directors were subject to Companies Act duties; the director engaged in reckless and insolvent trading and failed to keep accounting records which contributed to the company's insolvency; the Registrar properly exercised the discretionary power under s385 to prohibit the director and a three‑year prohibition was proportionate and justified to protect the public and deter misconduct.