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] 1 TPT Patrol Pty Ltd v Myer Holdings Limited [2019] FCA 1747
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