Ep,
My thinking is that ANZ were not aware they may have needed to lodge S671 notices, based on allegations that S672 notices were issued to clients by ANZ Noms stating words to the effect that ANZ did not have a relevant interest in the clients securities. That is, both ANZ and clients apparently truly believed this to be the case up until March 2008, when the ANZ lawyers starting having a closer look at the agreements and perhaps formed another view.
ANZ found it convenient to have its cake and eat it too. Unfortunately, in a court, the Honourable judge may take a different view, being that ANZ was an accessory to gross misrepresentation.
crazley res boss wants his shares back ex op, page-15
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