1. If the person knows them to be the perf shares under dispute...

1. If the person knows them to be the perf shares under dispute - i.e. was told by the company upon issue, then yes, I think it is wrong to sell them before the court case. If the person is under the impression that they are just ordinary shares, then why would it be wrong?

2. If the trade was done on the ASX, then ASX would have an obligation to rectify the situation, given their function is to match the buyer and seller. The exact nature of how the situation would be rectified is unknown but it will be a cost to them irrespective.