Insolvency and Restructuring

There is a misconception that you only need assistance when your company has failed or is in serious financial difficulty. However, seeking legal advice at the first sign of financial difficulty is the best solution.

With the largest insolvency and restructuring legal team in the country we have the pedigree and market recognition to get quick results. We regularly act in complex or multi-jurisdictional insolvencies and offer an unmatched depth of capability and service delivery.

We consult on corporate advisory, finance, insolvency and litigation. Our multi-disciplinary team regularly advises lenders, trustees, receivers and liquidators, as well as companies going through restructuring and work outs.

Our practice spans bankruptcy, creditor claims, cross-border insolvency, directors’ duties, distressed debt trading/acquisitions, liquidation, receivership, turnaround/workouts and voluntary administration.

We have broad experience across numerous industries, including agribusiness, construction, energy, resources and mining, funds management and derivatives, health and ageing, industrial, infrastructure and project finance, real estate, and retail.

The team has strong and longstanding relationships with all major insolvency and restructuring accounting firms, and sit on the panels of all major banks and financial institutions in New Zealand, so we receive the most insolvency and restructuring engagements – keeping us at the forefront of this field.

Clients recognise the firm for giving "personal, pragmatic advice, backed up by vast experience in the area." Chambers Asia Pacific

How we help

  • Debt rescheduling
  • Corporate restructurings and work outs
  • Loan book factoring and securitisation
  • Advising trustees of debt issuers
  • Analysis of validity
  • Voidability and risk
  • Security enforcement and recovery
  • Liquidations, receiverships and statutory management
  • Directors duties and liabilities
  • Cross-border issues

Who can help

Mark Sandelin

Partner - Dispute Resolution and Litigation

Mark is a leading commercial and contract litigation lawyer, and a member of the partnership’s board.

He has specialist knowledge and experience in banking and finance recoveries, creditors’ remedies, receivership and insolvency law, Securities Act litigation, relationship property disputes, and commercial and contract law.

Mark represents major banking and financial institutions in New Zealand as well as many receivers and liquidators. He has acted for a range of clients facing investigation by the Financial Markets Authority and Serious Fraud Office. He also has a significant practice representing clients in relationship property disputes. Mark also has extensive experience in other forms of dispute resolution with a particular emphasis on mediation. He has acted both as mediator and as counsel in numerous mediations involving commercial disputes.

Mark Sandelin

Partner


Dispute Resolution and Litigation
Auckland

P: +64 9 353 9813
M: +64 21 610 206
Email

Michael Langdon

Partner - Banking and Finance

Michael is the national head of the banking and financial services team.

Michael’s expertise lies in banking, financial law, property development, construction finance, restructuring and insolvency. His experience spans domestic and cross-border financings (at both the senior and mezzanine levels) and he acts for local and international banks, mezzanine and other financial institutions, corporates and insolvency practitioners.  He also has experience in the construction, commercial property and agricultural industries.

Michael advises all of the major trading banks (on syndicated and bi-lateral transactions) and many of the mezzanine funders and developers on construction projects and property investments.

An acknowledged strategist and named as a leading insolvency and restructuring lawyer by international directories for his banking and finance work, Michael also advises his clients on restructuring and workouts, selling distressed debt and security, security enforcement and recovery strategies.

Michael advises directors (on issues relating to directors’ duties in a distressed context) unsecured creditors, corporate borrowers on all aspects of financings, insolvency and restructurings.

Michael Langdon

Partner


Banking and Finance
Auckland

P: +64 9 353 9981
M: +64 21 435 055
Email

Richard Gordon

Partner - Dispute Resolution and Litigation

Richard is a highly experienced civil and commercial litigator. In addition to his expertise in the resolution of commercial disputes, he has a particular background and experience in banking and securities law and insolvency. Richard has appeared as counsel in a large number of defended hearings in the District Court, High Court and Court of Appeal. As a member of MinterEllisonRuddWatts Band 1 Insolvency team, he is a well-known and trusted advisor to trading banks and key New Zealand insolvency practitioners.

Richard has acted on some of the most significant corporate insolvency cases in recent years, including for the receivers appointed to Capital + Merchant Finance, and for the Crown (Secretary to the Treasury) for various disputes arising out of the collapse of South Canterbury Finance and the wider Crown Deposit Guarantee Scheme (including pursuit of recovery of transferred assets from the Hubbard family).  A particular niche insolvency expertise of his is advising on voidable transaction claims, where amongst many other cases Richard has been the successful counsel in two of the most significant precedent-setting Court decisions of recent time – Timberworld v Levin and Ebert Construction v Sanson.

Other decided commercial cases Richard has argued include for breach of contract, professional negligence, Fair Trading Act and Companies Act actions, and a broad spread of general property and insurance disputes.  For examples see Sinclair v New Zealand Racing Board, Svitzer Salvage v Z Energy Limited, Hydro Developments v Coll and Tiroa E and Te Hape B trusts litigation (the Crafar farms/OIO judicial review proceeding).

Richard also acted for the Ministry of Education in successfully pursing its $200 million insurance claim for school buildings damaged by the Canterbury Earthquakes.

Being a litigator is about more than arguing the legal issues and Richard prides himself on his ability to build meaningful business relationships with his clients, and his reputation for providing pragmatic and results-focused advice.

Richard Gordon

Partner


Dispute Resolution and Litigation
Wellington

P: +64 4 498 5006
M: +64 27 705 5113
Email

Sean Gollin

Partner - Dispute Resolution and Litigation

Sean is an experienced commercial litigation lawyer. His practice spans a broad range of commercial and contract disputes. Particular areas of expertise include banking and financial services litigation, product liability, corporate and shareholder disputes, claims against directors and other fiduciaries, property and trusts litigation, cross-border issues and maritime law.

Sean has appeared as counsel at all levels of the courts system and before various arbitral and other tribunals. He has also completed the Oxford Programme of Negotiation and regularly engages in mediation and other forms of alternative dispute resolution.

In addition to his commercial litigation practice, Sean is a leading receivership, insolvency and restructuring lawyer. Significant transactions he has acted on include Central North Island Forest Partnership, Crafar Farms, Kawarau Falls, Reef Shipping, Solid Energy, Yarrows Bakers, Torchlight LP, and Dick Smith. He advises secured and unsecured creditors, lending syndicates, insolvency practitioners, boards and other stakeholders, and regularly acts for banks and all major insolvency advisory firms.

Sean Gollin

Partner


Dispute Resolution and Litigation
Auckland

P: +64 9 353 9814
M: +64 21 610 867
Email

Zane Kennedy

Partner - Dispute Resolution and Litigation

Zane is an experienced advocate and trial lawyer who regularly argues cases against Queens Counsel.

He has particular expertise in contract, financial services, intellectual property and insurance litigation.

Zane is also experienced in alternative dispute resolution processes including mediation and arbitration.

He has been recognised as a leading litigator in The Legal 500 every year from 2010 and in Chambers Asia-Pacific and Chambers Global every year from 2011.

Zane Kennedy

Partner


Dispute Resolution and Litigation
Auckland

P: +64 9 353 9893
M: +64 21 350 660
Email

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