O.K folk's - so they found the smoking gun. Big Deal ! Its obviously a throw down with no finger prints and as such no proof as to who may have had it in their hand. Clearly Everblu should be the ASX's focus as they are a private organisation. Perhaps best to refer the whole matte onto APRA or indeed ASIC, however in my opinion and as I have said before - HDY has absolutely nothing to answer for.
So
@Chris2184 - make no mistake the show is definitely not over. In fact it is clearly only in the ' Third ' Act and only really getting interesting now. Act IV is where the ASX has to refer the matter onto ASIC with what they can only surmise is a suspicion of ' a crime' be-it Fraud or Insider Trading - whatever they think they have , they have no authority and will have to refer on. In fact unless it is proven in the Courts that HDY are in fact guilty of ' a crime ' there is no requirement under common law to waive legal professional privilege.
So here we are ASX - at a crossroads if you like. You don't have the powers under the law to charge us so therefore you must without further delay present and handover your facts to the ASIC. Even then, ASIC will have to prove in the courts that there has indeed been a breach of the law.
So here's what I think the weak as pizz ASX will do . They will hand it over on the basis of the 606 breach which concerns control of the company to ASIC - which at best will only further delay our abilities to resume trading and make critical decisions on our combined investments as small shareholders.
If we are lucky ASIC will see nothing untoward's under the ' effective control ' provisions of Corporations law and we can all get going realizing our true potential.
Whatever the case and from where I am sitting as a relatively small shareholder, this is the biggest Indictment against the ASX I have ever seen. Their role is to provide an efficient , fair , transparent , and liquid market for all traded securities , and IMO this should favor smaller cap companies with minimal legal resources. So in our / HDY''s case where there is a clear opportunity for Mom & Pop Investors to perhaps benefit from a current strong trend in amongst an overriding or otherwise weak market -and to be obstructed from this in this manner , is an absolute gross abuse of the ASX's powers. As I have said before a ' Malfeasance ' of the highest order and one which I have not seen for a very long time.
Part of me hopes that we take them on in the courts ....with of course our '
Sydney-based commercial barrister ' whom even if we are guilty can still represent us. I can tell you one thing , if it gets to this stage, I personally will be consulting with my legal adviser's and obtaining an opinion from a
' Melbourne based commercial barrister ' in personally taking on the ASX for this total unfounded and obstructive nonsense.
And folk's believe you me I will enjoy every minute of the process....as I have had my suspicions of the ASX for a good number of years now and have stacks of case evidence - Anyone want to join me ...
