James Hardie Industries NV v ASIC [2009] NSWCA 18

CORPORATIONS - continuous disclosure - opinion evidence - expert's assumptions included a number of market analysts' reports - assumptions challenged by tender of other analysts' reports - not necessary first to put the other analysts' reports to expert - discretionary refusal to admit the other analysts' reports flawed by failure to assess probative value.

Acted for the Australian Securities and Investments Commission, with Tony Bannon SC, instructed by Clayton Utz