Alex MacDuff

Alex is a general commercial litigator who specialises in restructuring, insolvency and special situations.
 
Alex has experience advising in distressed situations across the capital structure, including advising corporates, sponsors, financial institutions and other stakeholders on restructurings, structuring and enforcement, stressed and distressed refinancings and insolvencies. Alex also acts for insolvency practitioners in formal appointments such as receiverships, voluntary administrations and liquidations. He has particular experience in the retail, hospitality, construction and aviation sectors and has advised in respect of a number of listed-company restructurings and insolvencies. 
 
Alex's disputes practice focusses on complex commercial disputes. In particular, he has contentious and advisory expertise in shareholder disputes, mergers and acquisitions disputes and disputes arising in the context of company failures.  

Alex previously spent a number of years working in London for Allen & Overy's Global Restructuring Group, where he advised on a number of high-profile cross-border and domestic matters.

Alex's recent restructuring and insolvency work includes advising:

• ANZ in relation to its position as secured creditor in the administration and liquidation of Mount Ruapehu Alpine Lifts Limited.
• PwC as administrators and deed administrators of the Brothers Beer hospitality group, on its successful recapitalisation and financial restructuring.
• Olvera Advisers as administrators of the Ezibuy fashion retail group.
• BDO as administrators of the NZ Ovato group, part of the former ASX listed print and distribution business.
• Kurow Duntroon Irrigation Company on its successful restructuring and recapitalisation through voluntary administration and receivership.
• Qualitas as secured creditor and McGrathNicol as receiver of the Union Green property development.
• Calibre Partners as voluntary administrators of CBL Corporation, a former NZX-listed insurer.
• CLSA Premium on the restructuring of its NZ derivatives business and exit from the NZ market.
• The senior lender on the successful restructuring of a large New Zealand forestry industry business.
• Calibre Partners as receivers of the Pumpkin Patch group, a former NZX-listed fashion retail group.
• McGrathNicol as receivers of the Orange H (formerly Hawkins) group of companies, a construction business.
• BNZ as secured creditor and PwC as receivers of the Mainzeal construction group.
• Grant Thornton as administrators of the Greensill Capital group, a global financial services provider.
• The lending syndicate and FTI Consulting on the proposed restructuring, and subsequent liquidation of, Thomas Cook Group plc, a former FTSE-listed multinational tour operator and airline.
• The holding company lending syndicate and FTI Consulting on the proposed restructuring, and subsequent administration of, Intu Properties plc, a former FTSE-listed multinational shopping centre developer.
• PwC as provisional and official liquidators of Abraaj Holdings, the global impact investing private equity firm.
• Vue International and its private equity sponsors on its rescue finance package and restructuring negotiations.

• A global construction and real estate company in respect of a significant sale and purchase warranty dispute.
• Various financial institutions in relation to agri restructurings and enforcement via farm debt mediation.
• Majority shareholders of a precision manufacturing business in respect of a shareholder dispute.
• A former director in successful litigation to overturn a decision by the Registrar of Companies to prohibit him from acting as a director (Brand v Registrar of Companies [2018] NZHC 3148).
• Bath Street Capital in relation to an M&A dispute against an investment fund regarding Perpetual Guardian.
• Various stakeholders on proposed or successful schemes of arrangement, including of Trustpower, Allnex Industries, Suncorp, Thomas Cook group plc and Debenhams plc.
• Vector in the High Court and Court of Appeal in relation to the capital treatment of a lump sum payment received for infrastructure access (CIR v Vector [2016] NZCA 296).
• Glencore in its claims against the vessel Lancelot V and securing her sale pendent lite (Glencore Grain BV v The Ship "Lancelot V" [2015] NZHC 2052).