Therein lies the issue
At what point in time does continuous disclosure override the requests of customers to not announce any works involving them?
I think the court could set a dangerous precedent here if it allows such deals to be kept under wraps because someone requests them to do so.
An NDA vs continuous disclosure is the tricker one. If a director buys shares on market after they know of a deal but cannot reveal it, can they be prosecuted for that?
Do NDA's as a concept therefore represent an unresolveable risk to a listed company and should be banned?
Getswift is the canary in the coal mine for what could be a massive decision that could see a whole bunch of startup small caps keep their cards very close to their chest, leading to investors being even more in the dark than they are now. The damage to ASX market confidence in that outcome could be massive.
AFR would be happy though, their witch hunt would be justified.
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