Christchurch developer Dave Henderson was today given a reprieve by associate High Court judge Rob Osborne.

He issued a ruling rejecting Inland Revenue’s applications on Monday to wind up two of Mr Henderson's companies.

The IRD’s lawyer, Karen Clark QC, argued that two bars, Char Char and Yellow Cross (in receivership), should be wound up immediately because of delays in filing court documents relating to the repayment scheme.

In his ruling, judge Osborne says the court is unimpressed by the delays.

“I am satisfied that there are inexcusable aspects of the defendants’ conduct on these applications which require to be dealt with in costs,” judge Osborne says.

Mr Henderson’s lawyer, Austin Forbes QC opposed the IRD move on Monday because he is applying for the court to ratify a creditors’ compromise at a fixture set down for November 30.

Creditors agreed to the compromise on October 2.

Mr Forbes told the court that the Char Char debt to IRD was only $20,000 and the $68,000 owed by Yellow Cross is in the hands of receivers. Mr Henderson’s businesses generates annual income of $12 million, he told the court.

Meanwhile, Stephen Tubbs, the receiver of another Henderson company, Tuam Ventures (in receivership), has succeeded in a different High Court action. Tuam Ventures owns one of the main office buildings in Mr Henderson’s South of Lichfield accommodation and bar precinct in central Christchurch.

As reported in last week’s NBR print edition, receiver Mr Tubbs went to court to challenge a claim over rent by Mr Henderson’s commercial lawyer, Clive Cousins, and three Henderson companies, Property Ventures, PV4, Atlas Food and Beverage.

They were claiming that they had an agreement to offset unpaid rent of approximately $440,000 for various services provided to Tuam Ventures. But Justice Rys Harrison ruled there was insufficient proof of the services that were allegedly owed and he gave the parties until November 20 to pay up.

Mr Tubbs wants to issue eviction notices to Property Ventures and Mr Cousins. He is also concerned about compliance relating to earthquake and fire issues in preparation for a sale.

In other moves, the DB-appointed receivers of six of his South of Lichfield bars, PricewaterhouseCoopers, has advertised them for sale. Mr Henderson still controls the common areas around the bars, three of the adjacent buildings including the Livingspace boutique hotel, three other bars in the precinct, Hotel So in nearby Cashel Street, and winery assets in Gibbston Valley, Queenstown where he continues to fund pruning and management for the coming vintage.

A couple of weeks ago Mr Henderson staved off a bankruptcy petition from Perpetual Trust over guarantees provided for Anthem Holdings (in receivership), owner of some of the winery assets in Gibbston. The debt to Perpetual was satisfied partially through the receivership sale of the Stonehouse to ex-All black Grahame Thorne and the shortfall promised from income from wine stocks held at Cromwell that he is marketing.

The receiver of Anthem is seeking to control ownership and marketing of the wine and a hearing has been set down for March 2010.