James Arnott

Institutional asset manager IFM Investor was ready to sweep up Dexus' shares in Melbourne Airport operator APAC under a forced sale process triggered by a default notice for alleged confidentiality breaches, a court heard Tuesday.

The chair of airport operator APAC has admitted redacting advice from Herbert Smith Freehills Kramer to remove a suggested remedy for major shareholder Dexus' alleged breach of confidentiality, but denies she misled the board.

A top in-house lawyer at Dexus has told a court the real estate asset manager was using an altered form of a non-disclosure agreement with bidders of a portion of its APAC bloc of shares without the approval of the airport operator's co-owners.

The court battle between APAC and major shareholder Dexus over the sale of an investor's stake in the airport operator went to a hearing this week, but it's the solicitors representing the warring parties that found themselves on trial.

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.

A judge has threatened to vacate the trial in Dexus’ case against Melbourne Airport operator APAC after all the defendants tried to file documents late, suggesting the lawyers may be hit with personal costs orders.

A judge has said he will not be able to decide all the suppression applications in the ACCC’s misuse of market power case against Mastercard ahead of trial, saying the court was facing an “unreasonable, if not oppressive” burden.

Questioning of the first witness in Dexus' case against Melbourne Airport's operator was an hour in when trial was halted by the judge, who complained of flying by the seat of his pants, documentary evidence-wise.

Mastercard has lost its challenge to a ruling requiring it to hand over communications about agreements with retailers in a misuse of market power case brought by the competition regulator.