Allan Myers

Super fund trustee REST Nominees is the first of the Dexus bloc of APAC shareholders to challenge a finding that a default notice issued by the board of the airport operator was valid.

The forced divestiture of Dexus' stake in airport operator APAC will proceed, after a court on Friday discharged injunctions temporarily blocking the sale amid a dispute over the disclosure of confidential information.

Dexus has stood down executives, sacked its advisers and launched a review of its $7 billion infrastructure division, following last week's judgment upholding the validity of a default notice by Melbourne Airport's operator.

Dexus has lost its case over the validity of a default notice issued by Melbourne Aiport's operator, with a judge saying the real estate asset manager breached the company's confidentiality and "irrevocably undermined" its relationship with fellow shareholders.

Heads may roll after a court on Friday rejected the evidence of key Dexus employees at trial over a breach of APAC's shareholder deed, in a ruling that revealed some insiders suspected the "embarassing blunder" would come back to bite.

A judge said Tuesday evidence in a case over the sale of a stake in Melbourne Airport's operator might justify a finding that shareholder Dexus acted unethically and immorally. But whether such a finding was relevant to the validity of a default notice at the centre of the suit is another matter.

Former silk Norman O’Bryan argued Thursday for no prison time after pleading guilty in a criminal case over his role in the Banksia Securities class action. And he could win the argument, with a judge saying she was considering a community service sentence.

A senior in-house lawyer at Dexus has rejected suggestions she was “careless” in her role in the sale of shares in Melbourne Airport operator APAC, saying she relied on a subordinate lawyer and others within the business. 

Lawyers assured two Dexus executives that it was OK to share the confidential information of Melbourne Airport operator APAC with proposed purchasers of the real estate asset manager's stake in the company, a court has heard.

Russian company UC Rusal has lost a High Court leave bid after an "extremely harsh" finding that Rio Tinto was entitled to refuse alumina deliveries because of export sanctions.