Tom Fail

Partner - Banking and Finance

With an extensive career in general banking, corporate finance and project finance matters, Tom provides advice to a number of industries including financial services, infrastructure, government as well as energy and resources.

Tom has led secured and unsecured syndicated lending, restructuring and acquisition, leveraged finance and project finance transactions. He is widely recognised for acting on all the major government PPPs and private sector project finance transactions.

Amongst his many accolades, Tom is named as a leading New Zealand lawyer for banking and finance in Chambers Global and the International Financial Law Review, and recognised by Who’s Who Legal for project finance and banking.

Professional background

Recent work

Sale of gas storage facility

Advised an international banking syndicate in relation to the sale of Contact Energy’s Ahuroa gas storage facility in Taranaki to Gas Services New Zealand.

Central Plains Water Irrigation Project

Advised the banking syndicate on Stage 1 and 2 and the Sheffield rural irrigation project.

Vector Gas and Maui Gas Pipeline acquisition financing

Acted as bank counsel to the syndicate of banks in their financing of Australian utilities investor Colonial First State Funds’ separate successful bids for the  acquisition of all the shares in Vector Gas Limited and the Maui gas pipeline assets.

Project finance and hedging facilities for school project (PPP)

Acted for the lending syndicate and hedge counterparties  providing project finance and hedging facilities to fund the design, construction and maintenance of four schools throughout New Zealand. Tom has advised on all the PPPs in New Zealand to date.

El Monte Rents Inc acquisition

Acted as legal counsel to Tourism Holdings Limited on its syndicated facilities. The transaction included an acquisition facility for the strategic acquisition of El Monte Rents, an acquisition which makes the company the second largest RV rental operator in North America.

New Zealand Pharmaceuticals acquisition financing

Advised the lender on its role to Archer Capital for the acquisition, which involved negotiating and providing advice to the bank for the financing provided to Archer Capital and on the acquisition documents.

Tauranga Social Housing Transfer Project

Advised the lender on its financing of Accessible Properties for the Project.

Auckland East Prison PPP

Acting as counsel to Next Step Partner’s bank and hedge counterparty on the Auckland East Prison PPP.

Admitted

  • 2004, England and Wales
  • 1998, New Zealand

Qualifications

  • LLB (Hons), BA (Political Science), University of Canterbury

Specialisations

  • Corporate Finance
  • Infrastructure
  • Major Projects
  • Project Finance
  • Public Private Partnerships
  • Structured Finance

Awards

  • Ranked as a leading banking and finance lawyer, Chambers Asia Pacific
  • Ranked as a leading banking and project finance lawyer, IFLR1000
  • Ranked as a leading Banking and Finance lawyer, The Legal 500 Asia Pacific
  • Winner - Project Finance Lawyer of the Year New Zealand - Corporate LiveWire 2016
  • Recognised by Best Lawyers for Banking Law, Project Finance and Project Finance and Development Practice
  • Recognised by Who's Who Legal: Banking 2019 - a guide to the world’s leading banking lawyers