Christopher Beshara

Super trustee REST Nominees has dodged indemnity costs but is still on the hook for paying a "cast of thousands" after losing a bid to temporarily block the sale of the Dexus bloc of shares in Melbourne Airport operator APAC.

REST Nominees has lost an injunction bid barring the sale of the Dexus bloc of shares in Melbourne Airport's operator pending an appeal, after refusing to give an undertaking that it foot the entire damages bill if its challenge fails.

Dexus' decision to resist an undertaking as part of a deal to temporarily block the compulsory sale of its shares in airport operator APAC has been criticised by a judge for resulting in an "appalling waste" of time and money.

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.

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 union representing medical officers has lost its appeal of a ruling which found that junior doctors at state-run hospitals in NSW are not temporary employees who are entitled to a 10 per cent allowance. 

Lender White Oak may argue that settlement communications in proceedings over the collapse of supply chain finance company Greensill were in furtherance of fraud and should be turned over, after partially succeeding in a privilege fight with insurers BCC Trade Credit and Tokio Marine.

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.