Tom Burke

Notable examples of Tom’s work include:

• Acting for Sino-Ocean Group Holding Limited in relation to its US$6 billion cross-border restructuring, involving a contested English Restructuring Plan and a parallel Hong Kong scheme of arrangement. This was the first Restructuring Plan of a Chinese real estate developer, the first Restructuring Plan where cross-class cram-down was sought based on an assenting class comprising solely Hong Kong law debt, and the first Restructuring Plan where the existing shareholders were permitted to retain a significant proportion of the equity in the company due to the benefits of the company retaining its status as a Chinese state-owned entity.
• Acting for Kaisa Group Holdings Ltd. in relation to its US$16 billion cross-border restructuring by schemes of arrangement in Hong Kong, the Cayman Islands, and the British Virgin Islands, and employing a novel ‘dual schemes’ structure. This restructuring is ongoing and expected to complete by June 2025. Recognition of the schemes will be sought under Chapter 15 of the U.S. Bankruptcy Code.
• Advising Global Loan Agency Services (GLAS) in its roles as information agent and lock-up agent, among others, in connection with the US$800 million restructuring of Tristan Oil Limited by a scheme of arrangement in the British Virgin Islands. The scheme was subsequently recognised under Chapter 15 of the U.S. Bankruptcy Code.
• Acting for China Fortune Land Development Co. Ltd. in relation to its US$4.96 billion restructuring by way of an English scheme of arrangement.
• Advising H.I.G. Capital in the restructuring of Cabonline Group Holding AB, the largest taxi network in the Nordics.
• Advising a U.S. insurance group in relation to the recapitalisation of its operating subsidiary.
• Advising a creditor in relation to the administration of Arrival Group, a UK electric vehicle manufacturer.
• Advising the Australian Government in relation to the insolvency of the owner of the Northern Endeavour FPSO, a significant petroleum installation in Northern Australia.*
• Acting for the receivers of Mirabela Nickel Limited in litigation and public examinations before the Supreme Court of Western Australia and the Federal Court of Australia.*
• Acting for Newmont Mining Corporation in proceedings before the Federal Court of Australia regarding non-resident capital gains tax liability.*
• Acting for Empired Limited, a former Australian-listed IT services provider, in relation to its AU$233 million acquisition by French multinational group, Capgemini SE, by way of an Australian scheme of arrangement.*
• Advising Noble Group in relation to the administration of Cudeco Ltd., an Australian-listed copper miner.*
• Advising Tianqi Lithium Corporation in relation to the recapitalisation of its Australian operations.*

*Includes matters worked on prior to joining Sidley.