Steven Finch

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.

T Corp's representative on the board of Melbourne Airport operator APAC said Thursday he voted to issue a notice of default to shareholder Dexus in part because the real estate asset manager "appeared to prefer its own interests".

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.