You've misinterpreted that quote, I meant I was theorising on why ISX is throwing millions at a case it's opponent and the market seemingly don't think is material, in other words a case ISX is highly likely to lose.
I did not mean ASX is throwing millions at the case in the knowledge it will likely lose, only to then settle as you predict.
You comparison to a class action is also false. Class actions get settled because there is a genuine chance of the company being targeted losing at trial, if that wasn't the case they would not get litigation funding in the first place.
If ISX had a 'beyond remote' chance of damages ASX would be forced by accounting standards to record the contingent liability in its account. ISX shareholders should be deeply concerned that it has not.