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SIMON HORNER - Partner
Auckland phone 64 9 921 6011
Sydney phone 61 2 9293 2877
Mobile 029 477 1694
Email simon.horner@maynewetherell.com
Download VCard
Education:
University of Exeter (UK) - LLB
Professional:
Partner Mayne Wetherell 2004 - present
Partner Russell McVeagh 1993 - 2004
Solicitor Russell McVeagh 1991 - 1993
Solicitor Slaughter & May 1985 - 1991 |
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Areas of Specialisation
Mergers and acquisitions (including public company takeovers)
Joint ventures
Public securities offerings
Funds management
Listing rules
General corporate and commercial law advice
Relevant Experience
Extensive experience in both corporate and private company mergers and acquisitions, acting for both buyers and sellers, including public company takeovers, private company acquisitions and disposals and asset sales. This has included acting as lead counsel on large due diligence investigations across a broad range of industries, including financial services, infrastructure and utilities, and primary sector.
Extensive experience in public offerings of securities, both listed and unlisted, including acting for underwriters as well as fund managers.
Broad range of NZX Listing Rule advice, including compliance related advice, shareholder meetings and waiver applications.
Extensive experience in joint venture and shareholder arrangements, including private equity.
Broad range of general corporate and commercial law advice, including Companies Act and other legislative compliance and contractual negotiation and interpretation.
Illustrative (non-exhaustive) examples follow:
Mergers and Acquisitions - Takeovers
Acted for the Stewart family interests in relation to their takeover offer for Abano.
Acted for NZF in relation to its joint takeover of MPM.
Acted for a prospective bidder in relation to the takeover of Metlifecare Limited.
Acted for a prospective bidder in relation to the takeover of Carter Holt Harvey Limited.
Acted for Kiwi Income Property Trust on its acquisition of a stake in Capital Properties.
Acted for the Stewart family interests in relation to their takeover of Vertex.
Acted for the equity bridge provider in relation to Vector's takeover of NGC.
Acted for Enerco in relation to its takeover by Southpower.
Acted for Goodman Fielder on its hostile takeover of Ernest Adams.
Acted for Kiwi Income Property Trust on its takeover of Kiwi Development Trust.
Acted for Lion Nathan in relation to its takeover offer for Montana Wines.
Acted for Cullen Investments on its takeover offer for Pacific Retail Group.
Acted for the Stewart family in relation to the sale of their stake in PDL.
Acted for a prospective bidder for Contact Energy Limited.
Mergers and Acquisitions – General
Acted for HBOS on its acquisition of a stake in Strategic Finance.
Acted for Cadmus Technology in relation to its proposed amalgamation with Provenco.
Acted for Dubai Aerospace on its proposed amalgamation with Auckland Airport.
Acted for Macquarie Bank and FKP on their sell-down of interests in Retirement Villages Group.
Acted for the Shareholders of Metroglass on its sale to Catalyst.
Acted for Gould Holdings on its disposal of I-Site.
Acted for a joint venture comprising RREEF Infrastructure (the global infrastructure arm of Deutsche Asset Management) and Rayonier Inc. in relation to the purchase of 95,000 hectares of plantation forests from Carter Holt Harvey Limited and certain forest assets from Rayonier New Zealand Limited.
Acted for Air New Zealand in relation to the sale of its stake in Ansett Freight.
Acted for a prospective purchaser of the Martha gold mine at Waihi.
Acted for the vendors on the sale of the manager of Kiwi Income Property Trust to Lendlease Corporation.
Acted for Enerco on the sale of its retail gas customers to Contact Energy.
Acted for Lendlease Corporation and others in relation to the sale of the manager of Kiwi Income Property Trust to the Colonial Group.
Acted for Symphony Group on the sale of a 50% interest in the manager of Paramount Property Trust to ING.
Acted as lead counsel to an unsuccessful bidder for UnitedNetworks.
Acted as lead counsel to an unsuccessful bidder for Duke Energy’s New Zealand assets.
Acted for AMP on the sale of its New Zealand banking business.
Acted for American and Canadian investors on the acquisition of the Fletcher Challenge Forests forest estate.
Acted for the Aspinall and Packer interests in relation to the sale of their stake in Christchurch Casinos.
Public Offerings of Securities
Acted for Fonterra on its public offering of listed bonds.
Acted for Kiwi Income Property Trust on its establishment and subsequent listing on the NZX.
Acted for Kiwi Income Property Trust on several subsequent rights issues and an issue of convertible notes.
Acted for Paramount Property Trust on its establishment and listing on the NZX.
Acted for Ports of Auckland in relation to the initial public offering of its shares and listing on the NZX.
Acted for Cedenco Foods on its initial public offering and listing on the NZX.
Acted for Evergreen Forests in relation to its issue of secured convertible notes.
Acted for Ameritech in relation to its global offering of instalment receipts relating to shares in Telecom NZ.
Acted for AMP on its offering on of reset preference shares in New Zealand.
Acted for Rural Portfolio Capital on its offering of redeemable preference shares.
Acted for a large Australian insurance group on an aborted offering of hybrid securities in New Zealand.
Adviser to a number of listed companies in relation to offering of employee shares and options.
Adviser to Deutsche Bank in relation to the proposed offering of various financial products in New Zealand.
Extensive experience in relation to obtaining exemptions from the New Zealand Securities legislation.
Public Offerings of Securities - Underwriting
Acted for Deutsche Bank as underwriter of a placement of shares by Fisher and Paykel Appliances.
Acted for JB Were as underwriter of a rights issue by Air New Zealand.
Acted for First New Zealand Capital and UBS as joint underwriters of an offer of capital notes by Fernz.
Acted for JB Were as underwriter in relation an offering of capital notes by GPG.
Funds management
Acted for NZGT in relation to restructuring of certain retail funds.
Acted for Mint Asset Management in relation to its product offerings in New Zealand.
Acted for State Street in relation to its product offerings in New Zealand.
Acted for New Zealand Funds Management in relation to their portfolio of products for many years. This related to establishing new products for New Zealand Funds Management, and to changes to existing products.
Acted for JBWere (subsequently Goldman Sachs JBWere) in relation to their New Zealand investment offerings, both New Zealand-based products (such as investment securities and unit trusts) and Australian product offerings into New Zealand.
Acted for Challenger Financial Services Group in relation to all their product offerings in New Zealand.
Acted for Kiwi Income Property Trust with respect to its establishment as an unlisted trust, and following that establishment both as an unlisted and subsequently as a listed trust.
Joint Ventures, Private Equity and general contract advice
Acted for management in relation to their acquisition of an interest in CanWest MediaWorks after its acquisition by Ironbridge.
Acted for ANZ Capital on its acquisition of Chem Laboratories from Nufarm.
Acted for Air New Zealand in relation to its joint venture interest in Ansett Freight.
Acted for Cedenco Foods in relation to the establishment of its Australian Joint Venture, and the subsequent restructuring of that joint venture.
Acted for Deutsche Bank in relation to its investment in Greenwood Technology.
Acted for Shell Todd Oil Services in relation to a lease of a Floating Processing Storage and Offloading Platform.
Acted for Industrial Research in relation to its investment in Kruse Commentary Systems.
Acted for Air New Zealand in relation to the establishment of its joint venture with Pratt and Whitney.
Acted for Enerco Gas in relation to a gas exploration joint venture.
Acted for Genesis Energy in negotiating long-term gas supply contracts.
Acted for Enerco in negotiating gas supply and transmission contracts with NGC.
Listing Rule Advice
Provided detailed ongoing compliance advice for various listed issuers, including Kiwi Income Property Trust, Paramount Property Trust, Evergreen Forests, Cedenco Foods and Carter Holt Harvey.
Extensive experience in relation to preparing shareholder meeting documentation and advising on shareholder meeting requirements.
Extensive experience in obtaining NZX waivers.
Member of the panel of lawyers approved by the NZX to review listed company constitutions and securities offering documentation on behalf of NZX.
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