If the test of whether a share should be suspended or not is,...

If the test of whether a share should be suspended or not is, "Is the market fully informed?", then, no, it isn't and the shares should be suspended.

But if the test is, "Is the market equally informed?", then, yes, it is and the shares can remain trading - with everyone equally uninformed about the most critical information at this time, the outcome of the Appeal.

Take your pick! Since the standard ASX answer is the 'fully informed' one, then the shares should be in suspension now.