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McVeagh Fleming advises on cross-border sale of Invita businesses in Australia and New Zealand

McVeagh Fleming is pleased to have acted as lead New Zealand legal advisers to the vendor on the successful sale of Invita’s businesses in Australia and New Zealand, as part of a complex cross-border transaction completed in December 2025.

The transaction

The transaction involved the acquisition of Invita (NZ) Limited and Invita Australia Pty Ltd by DKSH, bringing together multiple stakeholders across jurisdictions and requiring careful coordination of legal, tax and commercial considerations. McVeagh Fleming worked closely alongside King & Wood Mallesons, who acted for the purchaser, and Russell Kennedy, who advised on Australian law aspects of the transaction.

What we did

As lead advisers to the New Zealand vendor, McVeagh Fleming played a central role in structuring and executing the transaction, navigating a number of complexities, including:

  • a large and diverse seller group, with over 30 parties to the sale and purchase agreement
  • bespoke completion mechanics across multiple jurisdictions
  • tax-efficient consideration structures, including a combination of cash and deferred instruments
  • allocation of earn-out arrangements across direct and indirect shareholders
  • coordination of simultaneous completion steps in both New Zealand and Australia

The result

The transaction was delivered within a tight timeframe, requiring close collaboration across multiple jurisdictions to align legal strategy with the vendors’ commercial objectives.

The McVeagh Fleming team was led by Partner Dong-on, who worked closely with the vendors and their wider advisory group throughout the process, navigating the complexities of a multi-jurisdictional transaction.

“This was a highly collaborative transaction involving multiple jurisdictions and stakeholders. It required a pragmatic and solutions-focused approach to ensure the vendors’ objectives were achieved within a compressed timeframe,” said Dong-on.

For more information or to discuss similar matters, please contact our team.