The Australian Securities and Investments Commission has won an appeal in the Victorian Supreme Court that allows it to proceed with a second civil penalty case against former AWB chief executive Andrew Lindberg.
The corporate regulator will argue in that case that Mr Lindberg breached his corporate duties by failing to inform the board about the payment of $US225 million of kickbacks to the corrupt Iraqi regime of Saddam Hussein.
The parties will return to the court of the trial judge, Justice Ross Robson on Wednesday.
It is now expected that both the first and the second civil penalty cases against Mr Lindberg will be heard together later this year or in early 2011.
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