paragraphs 71 to 74 clearly relate to conduct undertaken in “earning” the performance shares. ASIC aren’t bothering to challenge the accounting side of it as they obviously feel they already have enough support on what they have alleged (other than using the stated revenue amounts to underpin some of the disclosure related contraventions)
they aren’t explicitly seeking a remedy that the shares be cancelled, only that a pecuniary penalty be imposed (the quantum of the penalty in the event that ASIC are successful will be interesting, given the shares were worth ~$60m at the time.. those same shares in ISXFEU won’t be worth that today, but that’s irrelevant I’d expect)
but you know all this, and yet still attempt to deflect and distract
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