Sam McNae

L18 AIG Building
41 Shortland Street, Auckland
PO Box 304
Auckland 1140
Email
m +64 21 134 9433
p +64 9 394 7935
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Sam is a Senior Associate in our specialist litigation and arbitration practice. He has significant experience in defending large, complex company and commercial disputes, regulatory investigations and securities litigation. He stands out for his insight into our clients’ commercial drivers and is known for his detailed knowledge of financial markets and securities.

• Representative Cases

  • Infrastructure concession litigation: Lead associate representing a leading international infrastructure investor in litigation arising out of the high-profile termination of a long-term infrastructure concession and associated multi-hundred million-dollar compensation payment rights.

  • CBL Corporation Shareholder Class Actions: Lead associate representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

  • CBL FMA Proceedings: Lead associate representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

  • CBL Insurance Director Duties Proceedings: Lead associate representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

  • Metlifecare Scheme of Arrangement: Acting for a minority shareholder in the first opposition to a takeover by way of scheme of arrangement, in re Metlifecare Limited.

  • Regulatory investigation - NZX Company: Acting for a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading.

  • FMA investigation: Acting for a New Zealand property syndicate in relation to an FMA investigation.

  • Fair trading and consumer protection: Successfully defending Bunnings in a significant and high profile Commerce Commission criminal prosecution under the Fair Trading Act 1986, alleging false and misleading conduct in relation to Bunnings’ “lowest prices” advertising.

  • Insurance company liquidation: Lead associate representing a Samoan insurance company and director in one of the largest liquidation proceedings in Samoan history.

  • Post-acquisition earn-out litigation: Defending a leading international ASX listed cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations, post-completion breaches of warranty and loss of chance claims to “if any” vendor earn out payments.

  • International licensing rights: Advising an international company in regard to its rights under international licensing agreements.

  • Joint venture litigation: Representing the plaintiffs in a $270m High Court claim arising from a joint venture to develop an infant milk formula plant.

• Qualifications

  • LLB, BCom (Finance, Hons, First Class)

  • Sam has a strong background in finance, having graduated BCom (Hons, First Class) in finance from the University of Auckland, his research focus was market microstructures and off-market transactions. He then worked for a national finance company while it underwent a merger and restructure. His work included valuation, financial modelling, due diligence and dispute resolution

  • Sam is admitted to practice in New Zealand