Not only did ASX have the power to do what it did, it was subsequently vindicated by 1) the formal ASIC investigation and 2) the subsequent lawsuit intiatiated by ASIC. On the balance of probabilities, it is very hard to see a judge saying ASX was deceptive or unreasonable given the nature of the suspicions and subsequent focus of the formal ASIC investigation and lawsuit. The realtiy is, and in my opinion, the suspension acted as a de facto escrow of shares that were suspected of being obtained in the context of breaching corporations law. On this point alone ASX will likely win.
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ASX "Spitballs" and Suspends iSignthis Ltd on Mere Suspicion, page-115
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