Supreme Court of NSW Decision
The proceedings was brought by ASIC (Australian Securities and Investments Commission) to against the director of JHIL for breach of the sections 180 (1) of the corporate act. According to allegations, each of director or officers of a corporation who failed to perform proper care and diligence about to release of announcement to the share market, breached the duties to the company.
The Supreme Court of NSW held that the draft of ASX announcement was approved by the board of JHIL according the evidence provide by the ASIC which is the minutes recorded the tabling and approval of ASX announcement.
The ASX announcement was delivering that there have sufficient funds to