Good evening. Dealing with the points seriatim:
- The privilege argument may be gone but the costs issue (which was $150K for the ASX subpoena, so expect a similar claim) remains.
- The ASX subpoena was discharged. ie., not pressed, ie., abandoned with the Defendants to pay $150K costs.
- The related to costs "in this proceeding" only ie., ISX v ASX not ASIX v ISX & Anor. Please note the words of the Order. Was there a separate behind the door agreement between ISX and ASX that that Order extend to other proceedings as well? If so, I'm not aware of it and it's not noted on the ASIC v ISX & Anor file. It would be most unusual. That merely formed part of the agreement when ISX abandoned their $500M case against ASX.
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