Dummy bids on small caps aired in NSW Supreme Court.
From the AFR:
A Canadian businessman whose Australian day trading business was effectively halted by ASIC has failed in his bid to have the regulator fined for defamation. And for his chutzpah, the judgment dismissing Daniel Schlaepfer's suit confirmed, in strong language, ASIC’s suspicions of market manipulation committed by some of his day traders.
In "indignant" submissions, Select Vantage and Schlaepfer argued that ASIC market supervision boss Greg Yanco had "no reasonable basis" to believe it was "layering" the Australian market. ASIC was partly pleading a truth defence, leading the plaintiff to write that its "belief in the truth of the imputations is itself enough to establish unreasonable conduct on the part of the defendants".
That didn't fly in the NSW Supreme Court, which released its judgment this week. “Select Vantage’s traders, operating in their hundreds from beyond the jurisdiction, were deliberately creating false impressions on the Australian stockmarket by placing orders they never intended to execute," thundered Justice Desmond Fagan. "This was done for Select Vantage’s profit and for trader share ... [and] other market participants were, at least, put at risk of being defrauded."
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