M&A Disputes
We have acted for acquirers or vendors in numerous disputes arising from mergers & acquisitions, including claims for breach of contractual warranty, misleading or deceptive conduct and alleged non-compliance with completion accounting requirements
Our experience includes:
- Acting for the vendors in litigation relating to non-payment by the purchaser of the deferred component of the purchase price for a travel business (in which the clients were successful at first instance, on appeal to the NSW Court of Appeal and in respect of the defendant/appellant’s application for special leave to appeal to the High Court).
- Acting for a large property owner and fund manager in litigation in the Federal Court of Australia concerning alleged misleading or deceptive conduct and breach of process contract, arising out of the sale of what was then Australia’s largest pastoral company for over $400 million.
- Acting for a large private equity firm in a dispute over completion accounting arising in connection with an acquisition.
- Acting for the vendor of a professional services business in a confidential and long-running domestic arbitration, involving allegations of breach of contractual warranty, misleading or deceptive conduct and breach of contractual restraints
- Acting for a large financial services organisation in an expert determination concerning a tax liability arising in connection with a very large and high-profile acquisition.
- Acting for a large financial services organisation in a dispute concerning the quantum of deferred consideration payable in respect of an acquisition.
- Acting for a large logistics company in litigation concerning whether a break fee was payable under the relevant contractual provisions.
