Rachel Mansted

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 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.

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.

Dexus has halved the number of documents it claims are shielded by legal privilege from production to fellow owners of airport operator APAC ahead of trial over an alleged breach of a shareholder deed, a court heard Monday.

Real estate asset manager Dexus has won access to advice given by the lawyers of two shareholders of airport operator APAC over an alleged breach of a shareholder deed. 

Dexus has claimed legal professional privilege prevents fellow owners of airport operator APAC from accessing tens of thousands of documents as they prepare for trial over an alleged breach of a shareholder deed.

The trustee for shareholders that want to retain their Dexus-managed stake in Australia Pacific Airports Corporation can't be separately represented from the selling group, a judge has ruled in a case that pits APAC's investors against each other.