SP1 0.00% $1.07 southern cross payments ltd

Ann: ASIC v ISIGNTHIS LTD & ANOR, page-90

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  1. 1,180 Posts.
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    Ah, so you're the one who's reporting my posts every time I say something negative. I was wondering why I was moderated for saying "Shareholders expect a board to behave legally and ethically. ASIC have suggested that ISX's board have illegally obtained shares". There's no defamation there. Statement of fact is a defence for defamation. ASIC have indicated this. LongNWrong has quoted the sections for you several times, including on this page.

    Getting hung up on civil vs criminal is misguided. I can't sue you for something civil unless you've broken a law. Seriously, do you think if you sue your neighbour (which is always a civil case - neither you nor I have the authority to bring criminal charges) that you walk in to a court and say "I'm suing him for this. No, I don't have a law that he's broken, I'm just suing him." You have to quote an illegal action, for example, damage of property. If someone hasn't allegedly committed an illegal action, you can't sue them (for clarity, civil case).

    And of course the SOC doesn't go into remediation and share reclamation - that's for the court to decide.
 
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