Norton Rose Fulbright South Africa Inc
Related services and key industries
Andrew is a director and the Head of Financial Restructuring and Insolvency based in Johannesburg.
He holds the degrees of BA LLB from the University of Cape Town. After completing his articles with the firm Andrew was admitted as an attorney in February 1990. He was appointed a partner in March 1994. Andrew completed the UNISA Advanced Short Course in Business Rescue Practice (with distinction) in 2012.
He has a diverse commercial litigation practice which includes commercial and contractual disputes conducted in both the High Court and by way of arbitration, banking disputes, insurance claims and advising on administrative reviews and public law issues. He has also dealt extensively with issues relating to business rescue, insolvencies, schemes of arrangement and restructurings.
- BA LLB from the University of Cape Town
- UNISA Advanced Short Course in Business Rescue Practice (with distinction)
- He has advised a number of local and foreign companies and financial institutions in this area. These include Standard Bank, FNB, IFC, DBSA, Sanlam, Absa, SARS, UniCredit Bank AG, China Construction Bank, Standard Chartered Bank, Bank of America Merryll Lynch, AfriSam (South Africa) and HMS Bergbau.
- Engagements and advice have covered a wide range and include:
- general advice concerning business rescue, schemes of arrangement, liquidations and restructurings, the initiation of business rescues, liquidation and sequestration applications, attending at creditors meetings and submitting proof of claims.
- specific advice has related to issues such as the position of landlords in a business rescue, disputes with trustees over the validity and enforcement of security, the lifting of a corporate veil around a trust, the rights to comingled funds in bank accounts in the event of an insolvency, claims against the recipients of avoidable dispositions, the liability of directors in a professional incorporated company for lease obligations, liabilities for unperformed obligations under ISDA agreements and advice on cross-border insolvencies.
- Specific matters in which he has advised include:
- African Bank
- Cell C
- First Strut
- Mayfair Holdings & Steinhoff
- Top TV
- Andrew also has experience in dealing with state-owned enterprises as well as questions of the validity of administrative action under the Promotion of Administrative Justice Act, 2000 and obligations concerning public procurement. Currently, he is advising:
- an international bank on its rights in an application by the Strategic Fuel Fund and the Central Energy Fund to set aside contracts for the sale of the strategic stock of ten million barrels of oil.
- an international manufacturer of locomotives on disputes arising from the procurement by Transnet of 164 locomotives, including dealing with public law issues, contractual disputes and submissions to the Zondo Commission.