Mr Borski had commented he felt Mr Houston should be viewed as an advocated not an expert but Justice McEvoy did say he was swayed to the view that he wasn't an advocate just that he is very considered in his views and that he would consider that following closing submissions which Mr Borski clearly stated ASIC's view is he is an advocate and this would be in their closing submissions.
I don't know how this normally works but what other view could ASIC take when an expert witness basically rejects everything put to them as being correct or true.
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