APDC and NEXTDC Supreme Court stoush dissolves

APDC and NEXTDC Supreme Court stoush dissolves

The short-lived legal battle between data centre operators NEXTDC (ASX: NXT) and Asia Pacific Data Centres ('APDC') (ASX: AJD) has come to an end.

The Supreme Court of New South Wales legal proceedings, lodged against NEXTDC by APDC, have come to a quiet ending as the judge decided to not make any declarations.

This determination from the Supreme Court judge was made on the basis that there was no live dispute or current request for access from either party, thus the proceedings were dismissed.

In April 2018, APDC initiated legal proceedings against NEXTDC in relation to a dispute over APDC's claimed "ongoing access rights" at three of NEXTDC's data centres.

The three data centres in question are based in Sydney, Melbourne and Perth.

"Following numerous attempts seeking access to the APDC Portfolio for both the independent valuers and prospective purchasers to inspect the facilities, APDC Trust has now made an application to the NSW Supreme Court to seek specific performance under each of the leases to allow the inspections to take place," said APDC in an ASX release in April.

The release also clarified that APDC was seeking a declaration from the court that NEXTDC's conduct was in breach of its leases.

The issue between the two companies seems to have been resolved out of court, resulting in the dismissal of proceedings.

The two companies will continue to work together to allow APDC access into the data centres.

"APDC looks forward to a positive working relationship with NEXTDC," says APDC.

The tension between the two companies began back in 2017 when NEXTDC entered a bidding war with major APDC shareholder 360 Capital Group to takeover APDC.

360 Capital eventually outbid NEXTDC and currently holds the majority of shares in APDC.

NEXTDC holds a significant 29.2 per cent stake in the company.

In early April 2017, NEXTDC rejected a $265 million pre-emptive first right of refusal offer from APDC to purchase three data centres owned by the APDC Trust.

Prior to this, NEXTDC rejected the APDC Trust's pre-emptive first right of refusal offer of $280 million for the portfolio in February 2018, and a pre-emptive offer of $300 million in December 2018.

In December 2017, NEXTDC announced its intention to wind up APDC based on "elevated concerns" it holds about 360 Capital Group's ability to manage APDC.

Never miss a news update, subscribe here. Follow us on Facebook, LinkedIn, Instagram and Twitter.

Business News Australia

Get our daily business news

Sign up to our free email news updates.

 
Whitefox Recruitment founder Luke Hemmings making strides as a careers leader
Partner Content
After relocating his Canberra-founded company Whitefox Recruitment to the Gold Coast la...
Whitefox Recruitment
Advertisement

Related Stories

ASIC secures its first court win for greenwashing against US giant Vanguard

ASIC secures its first court win for greenwashing against US giant Vanguard

The Australian corporate watchdog has caught out one of the world&r...

Medicinal cannabis group Althea shaves $1.5m from its cost base through staff cutbacks

Medicinal cannabis group Althea shaves $1.5m from its cost base through staff cutbacks

Australian-founded medicinal cannabis company Althea Group (ASX: AG...

Charter Hall snares 15pc stake in Hotel Property Investments for $97m from 360 Capital

Charter Hall snares 15pc stake in Hotel Property Investments for $97m from 360 Capital

Listed funds manager 360 Capital Group (ASX: TGP) has offloaded its...

The party’s over: Splendour in the Grass festival cancelled for 2024

The party’s over: Splendour in the Grass festival cancelled for 2024

Splendour in the Grass, Australia’s largest winter music fest...