- Acting as borrower counsel for Lodestone Energy on its project financing of a solar energy project portfolio.
- Acting for two borrowers on their property acquisition and carbon forestry financings.
- Acting as project counsel for the Transmission Gully PPP project on various matters, including Covid-19 settlement matters.
- Acting as debt counsel on Crown Infrastructure Partners Limited’s “Project One” (the introduction of a new contractual model to finance and fund bulk infrastructure).
- Acting for the bank syndicate on the project financings of the three Central Plains Water rural irrigation projects in Canterbury and on the bank financing of the Amuri Irrigation piping project.
- Acting for banks, sponsors, bidding consortia, project vehicles and/or contractors on the Hobsonville Schools PPP, Schools 2 PPP, Schools 3 PPP, Wiri Prison PPP, Auckland East Prison PPP and P2Wk PPP.
- Acting for the banks on the Tauranga social housing reform program and for the banks financing bidding consortia on the Christchurch social housing reform program and the Tamaki Regeneration Project.
- Acting on various projects in Asia while at Allen & Overy LLP (covering a range of jurisdictions and the oil & gas, electricity generation, petrochemical and transport sectors in particular).
- Acting for the bank syndicate financing the acquisition by Blackstone funds of seven large office blocks in Auckland’s Wynyard Quarter.
- Acting for the bank syndicate financing the acquisition by First State Investments of the Vector Gas Transmission Business and (non-Auckland) Gas Distribution Business.
- Acting for Next Capital on the acquisition financing for its acquisition of NZ Bus.
- Acting for the bank syndicate financing the acquisition by First State Investments of the Maui gas pipeline assets.
- International Who’s Who Legal: Project Finance Lawyers 2012-2020
- International Who’s Who Legal: Banking Lawyers 2016-2021
- Key individual - Chambers Asia Pacific
- Highly regarded - International Financial Law Review
Clients laud him as:
“One of the leading finance lawyers in New Zealand”.
– Chambers Asia Pacific
“From Tom, you get clarity on what the issue is.”
– Chambers Asia Pacific
Tom Fail is highlighted for his representation of financial organisations in relation to PPP financings and acting for borrowers on secured lending transactions. One client reports:
“He is a good all-rounder who understands the commercial and financial requirements of the client.”
– Chambers Asia Pacific
I carefully identify issues, questions, and tasks and suggest how to resolve, answer, or complete them with a creative approach.
I am at my best working on complex and challenging projects and transactions.
I look for work opportunities and want to be involved in exciting or novel transactions.
With my approach, I aim to make things efficient, simplify deal execution and reduce the risk of time and cost expansion.