I have been able to see the exact quote regarding ASIC not addressing the question of performance rights and will quote it here to put an end to the debate of whether ASIC is challenging the performance rights or not. The quote is from Mr Borsky, council for ASIC:
Borsky: "Second, the other expert report which was served - and that's the report of Mr Housten which goes, amongst other things, to materiality and the economic issues in the proceeding - does address a very broad range of issues, including a number of issues which Mr Sisten, ASICs expert, did not address. And again, which we were, frankly, a little surprised were being raised. And so, for example - I won't bore your Honour with too much of the factual detail - but there's - Mr Housten addresses the question of performance rights,which is not, as we understood it, an issue in ASIC proceeding, though it was perhaps in the ASX proceeding."
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