Sam McNae

L18 AIG Building
41 Shortland Street, Auckland
PO Box 304
Auckland 1140
sam.mcnae@lfmdisputes.com
m +64 21 134 9433
p +64 9 394 7935
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Sam advises corporates, directors, investors, and financial market participants on complex disputes and regulatory matters across New Zealand and the Pacific. He is well known for his knowledge and understanding of corporate and finance transactions, commercial insight and pragmatic approach to solving real world business problems. Sam develops litigation strategies that align closely with his clients’ business objectives.

• Representative Cases

  • 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.

  • 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.

  • 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.

  • Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

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

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

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

  • 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.

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

  • 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.

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

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

  • Representing a venture capital investor in a New Zealand technology company in relation to claims against the company’s founders involving the misappropriation of company resources and commercial opportunities and breaches of fiduciary duties.

  • Representing a New Zealand company in interrelated complex High Court litigations exceeding NZ$70 million involving securities law claims, breaches of directors’ duties, and disputes concerning the management of a joint venture.

  • Representing the former shareholders of the Aggie Grey’s Hotel and Casino in Samoa in Samoan litigation proceedings arising from the NZ$55 million sale of the hotel and casino.

  • Representing the vendor in a post-acquisition earn-out dispute following the sale of a technology platform business.

  • Representing a property developer in partnership and joint venture disputes relating to NZ$30 million property portfolio.

  • Representing a New Zealand construction products distributor in commercial litigation, including product liability, contractual, and debt recovery claims.

• 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.

  • Granted temporary admission in Samoa and has appeared as sole counsel on several occasions before the Supreme Court of Samoa.