My guess is there is no such information. It is a throwaway...

My guess is there is no such information. It is a throwaway comment on each line of the defence to try and cover their wrong doing.

All, documents, notes, recordings were handed over in the discovery process. If there is material that wasn’t handed over, then ASX have circumvented the court process.

If something was discussed in confidence, why wasn’t it recorded when all other communications were documented, and is there legal responsibility to record any and all discussions between the market operator and the regulator.

Also, there have been many affidavits completed so maybe something is retained in one of these, assuming the in confidence information wasn’t recorded.

All this said, something doesn’t add up.

(C) information provided in confidence by ASIC to ASX in a teleconference on 1 October 2019 that ASIC had concerns about ISX’s financial statements for the Relevant Period, including concerns about the revenue generated in the Relevant Period, which revenue triggered the conversion of the performance shares referred to in sub-paragraph (b)(iii)(A) above into ordinary shares;