Derek Wong

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.

Airport operator APAC says a default notice sent to Dexus over confidentiality breaches is at least valid against shareholders that initiated a botched sales process, hedging its bets in an appeal of a ruling that forces a sale of the asset manager's entire stake.

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.

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.

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.

APAC issued a default notice to Dexus' infrastructure fund manager for a purported breach of a shareholder agreement during a share sales process to "get rid of" it, a trial has heard.

Previewing Monday's closing arguments in its legal tussle with the operator of Melbourne Airport, co-owner Dexus says it won't deny a long-term model given to potential share purchasers was confidential. But here's the kicker -- the disclosure didn't run afoul of its shareholder agreement, it says.