We'll see jlo2012. Whether ISX/JK had their performance shares in mind or not (I happen to think they did - who wouldn't?) is unimportant. It makes good copy but is inconsequential. What ASIC needs to show on a balance of probabilities is that ISX/JK did the integrations without the shareholder in mind. And that just does not make sense. They are all shareholders and no reasonable person can assume that they would do these integrations without the expectation that it would create revenue for shareholders. This is because this is the only way shareholders shares (and more importantly - their shares) would be worth anything at the end of the day. ISX/JK did not destroy ISX AU, ASX and ASIC did. It was chugging along just fine until they suspended without cause.
And so what if two of the integrations didn't create any income? Two did. It is what was in ISX/JK's mind that was important when the decision was made.
I think there is still confusion about just what JK did mean in the market analyst meeting - for example when he referenced the oral report in his answer. We will just have to wait to hear what JK says about it.
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