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Despite that, the applicant failed to prove loss on the basis of market-based causation and so-called “inflation” of the share price.
The case underscores the difficulty of running securities class actions based on a failure to correct earnings guidance, and the vagaries of actually proving loss.
This note will focus on the learnings for “front end” decisions on when disclosure should be made under ASX Listing Rule 3.1 and s674 and s677 of the Corporations Act.
 1 TPT Patrol Pty Ltd v Myer Holdings Limited  FCA 1747
Late last year the Australian Securities Exchange (ASX) released its
consultation paper “Simplifying, clarifying and enhancing the integrity and
efficiency of the ASX Listing Rules”. After...
The Supreme Court of Victoria’s recent decision in Pacific Dairies Limited v Orican Pty Ltd illustrates judicial unwillingness to interfere in shareholder disputes, even in cases involving...
In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation)  FCA 1720, Foster J held that...