ISX Interlocutory proceeding (ISX vs. ASX) – Summary and opinion, page-5

yes @ jlo2012, I know they were, but the answer to that is what we missed is information that the judge has ruled should not be disclosed until the court case. And your attitude really supports my case, you seem to think that "opinions" of that nature by ASX who has, according to QC Collinson, not taken into consideration explanations for these supposed breaches by parties under oath, should be heard before an investigation is concluded and the real facts come to light. I know of no investigatory authority that allows a running commentary such as ASX has on questions (and they are just questions) to be out before the public. Especially considering the type of people that are reading it (and publishing it) as if it is fact whether it is the news of the negative posters on Hot Copper.

I will say it again - in case you could not make it to the conclusion:

It is my sincere opinion that it would promotebetter trust in ASX and in the trust that we have a fair, orderly and transparentfinancial market, if ASX and ASIC wouldacknowledge this conflict of interest and allow ASIC to complete thisinvestigation. We as shareholders are not, nor is ISX according to their submissions, averse to an investigation being carried out, we onlywant to have confidence that an investigation will be fair, will be enteredinto without bias, with an attitude of innocent until proven guilty and a clearwillingness to take into account ISX’s explanations at face value when there isno clear evidence to support otherwise.

Furthermore, it will be difficult for mepersonally to have confidence in any report that ASX produces about ISX ifreleased before the matters are heard in court and especially after listeningto Button’s, in my opinion, misleading performance when declaring potentialharm to ASX by using letters from angry and frustrated shareholders and HotCopper posters to support their argument against ISX that we saw in open courton Thursday.

A final opinion withregards to the balance of convenience and potential harm to ASX - ASX did notconsider in their submissions the harm that will be done to investor confidencein a fair, orderly and transparent market and/or ASX if the ASX reasons arepublished in advance to a hearing and then are determined to be unfounded bythe court. And this, in my opinion, is really the heart of the matter.