G'day
@SurfguyShort answer is 'yes' the Federal Court can make the order sought. Other scenarios - failure to comply and being in contempt (that won't happen), and appealing the Judgment of Justice Davies when delivered. ASX are doing all this to keep ISX on the sideline. If ISX win, then, subject to an application for a stay of the Judgment, they're entitled to 'the fruits of their victory'. That is, reinstated until the Full Federal Court says otherwise on appeal.
The problem is as outlined in your post - the ASX then finding some spurious reason to suspend ISX again post-Judgment. I think that's one of the main reasons why ISX has to go through this hoop, that is, you want a Judge making specific findings of fact and deciding upon them so that this scenario can be avoided as best as possible. In an ideal world, that would be a finding that neither the initial suspension was justified
nor the continuing suspension, up to the time of Judgment, on the basis of all the evidence laid out. What happens after that is anyone's guess but, if suspended again and you've got clean hands, at least you could turn up to Court seeking a re-listing order and argue that ASX are simply seeking to re-agitate issues that have already been recently determined. That's all hypothetical 'cart in front of the horse' stuff but, on ASX form to date, if you want an entity that is going to go to any length to see the demise of ISX, then they're the pony to get your money on.
Cheers.
