Bankrupt property developer David Henderson, best known for developing the Hilton complex on the Auckland waterfront, is still living in a multi-million-dollar waterfront apartment.

During bankruptcy, a person's assets are sold to repay debts. But no buyers have come forward, despite aggressive marketing by Bayleys.

"It just won't sell. I'm living there more in a guardian's capacity," Henderson said.

Meanwhile, Henderson has been back in court on a charge of breaching his bankruptcy conditions.

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The former rich-lister went to Spain on a sailing holiday last June, the day after being declared bankrupt, owing $3.7 million to Inland Revenue.

But the Auckland District Court judge kicked out the case, saying he could not deal with it as he knew Henderson in a social capacity. The pair both have holiday homes in Mangawhai, the judge said.

Outside court Henderson, 58, told the Herald on Sunday he was baffled by the judge's move - he didn't recall ever meeting him.

"I wouldn't know him if I fell over him," Henderson said.

The next day, he pleaded guilty to the charge before a different judge.

Henderson is due back in court for sentencing at the end of this month.