Started a new thread only because I think a few might be rightly or wrongly assuming that ASX will only lift the ISX trading suspension as a result of the Federal Court hearings. Chilling Out has mentioned timelines and his/her comments in HC's Chilling Out's post of today 20/08/2020 are repeated below as it is a very useful reminder #: 46690256
My 'understanding' is that this next hearing/s [up to and including 6 Nov 2020] relate to the amendment of the SOR and propose a timeline for ISX's damages claim against the ASX to be heard in the Federal Court. Given past practice to date, we wait to see whether ASX yet again seek to defer their submission/order deadlines and have them approved.
___
Prior to this we have a statement from JK stating that ASX in November 2019 had 'threatened' or 'alluded' to a 2 year suspension resulting in automatic delisting. I can post the evidence but know this has already been quoted, snipped and repeated ad infinitum on the HC ISX forum.
______ My reason for starting this new thread....the damages claim for the timeframe below - is as far as I am aware - separate to the issue of ASX lifting ISX's share trading suspension. Given a previous Fed Court hearing, ISX had to satisfy ASX on 3-4 issues and ISX have. ASX have SINCE requested a further 2 issues be addressed and now ASX have requested a quasi 4th [C-Utz] Visa, and a 5th [voters re Res 6 & 7] & 6th issue to be detailed yet nothing has appeared in ASX/ISX ANN's re ASX's additional requests. We do know and have evidenced that ASX have asked for the Clayton Utz Independent Report to be recommissioned as ASX did not/could not accept the Independent Report findings to date [ISX=no fault or issue].
Is this something ISX can mention in an already listed/imminent Fed Court hearing?
If not, do ISX have to seek a separate/yet another Federal Court hearing re the suspension issue?
_______
I am concentrating on recording/notating the events pre, during, post ISX's trading suspension by the ASX - starting a few months before 2 October 2019 and continuing to date. I am trying to conclude my submission however it is difficult as ASX's inexplicable actions to date have not ceased, or lessened or abated.
____
(1) Do others believe that the suspension should or could be lifted pre the timelines presented below? By whom and by what mechanism if not the ASX and/or ASIC?
(2) Do others consider the suspension will only be lifted as a result of the 2021 Federal Court damages hearing outcome?
If yes to (2) obviously the Federal Court hearing outcome timelines will be pushed well outside 2 Oct 2021. Which will grant the ASX their November 2019 'wish' or 'threat' to JK/ISX re the 2 year suspension - hence my question.
Note: C-Out if you do read this this - my punctuation is English {not USA and not Microsoft} '...' = paraphrase. " = " direct quote. There are no direct quotes above.
____
I'm sure many will want to revisit the timelines provided below. Thank you C-out.
____
HC's Chilling Out's post of today 20/2020 #: 46690256
" I hope you can open this document. It's a list of orders made by the Judge when the matter was last before the Court in July. It's case management stuff to get the matter ready for trial next year. There appears to be a sticking point between the parties as to the precise terms of the amended Statement of Claim, so they may have to go back before the Judge to get that sorted. It concerns the particularity of the pleadings going to the issue of damages and how it is alleged that damage was caused. On the next occasion which is 6 November (and if the other orders have been complied with), there'll be a further list of orders made for further preparation. Another return trip to Court to make sure they're complied probably around Feb 2021. Hopefully, it's ready to proceed and all the relevant evidence/witnesses/etc. are available so a Hearing date can be allocated, maybe some around May-June 2021, depending on the Judge's availability, and how congested the Court lists are.
Here's a helpful link that provides plenty of info.
