David Henderson may face charges

David Henderson. Photo / Steven McNicholl

Failed property developer David Henderson could face jail or a hefty fine for leaving the country without permission.

Henderson flew to Spain for a Mediterranean yacht cruise the day after he was declared bankrupt in June with tax debts of $3.7 million.

Official Assignee David Harte said: "We believe that there was sufficient grounds to warrant opening a prosecution."

Henderson could face three years in jail or a $10,000 fine if found guilty.

Henderson said he was unaware that the file had been passed to the Crown.

"It comes as quite a surprise, to be honest ... I don't think I was the first person [to leave the country while bankrupt] and I don't think I will be the last."

Harte said any decision on whether to prosecute was up to Crown Prosecutors and could take months.