SP1 0.00% $1.07 southern cross payments ltd

Isx vs AFR, page-207

  1. 285 Posts.
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    Just thought I'd add my 2 cents to what I think is a great use of the forum by those that are genuine..

    Irrespective of ASX's use of "absolute discretion", above this, ASX has a common law duty among others, to act with Care and Diligence.

    This duty is also set out in the section 180(1) of the Corporations Act 2001 (Cth)

    The higher the copperations office - the degree of skill and/or responsibility - the higher the standard to which they are held, as a failure of a corporation to act with Care and Diligence, may have a profound effect on the community.

    The ASX are going to have a very difficult time substantiating to the court that they have acted with the necessary level of Care and Diligence with respect to ISX, both in terms of enforcing the initial suspension and separately, maintaining the same.

    A corporation can not reasonably expect to hide behind the use of terms such as absolute discretion whilst also acting recklessly, negligently and without good faith or for a proper purpose.

    All IMO.
 
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