The Australian Securities and Investments Commission (ASIC) has won its latest legal battle against seven James Hardie directors, being granted special leave on Friday to appeal to the High Court against a NSW Court of Appeal decision.

The regulator says the appeal court decision has created a precedent of what key witnesses must be called in civil penalty trials.

In December, the Supreme Court overturned a decision to ban the directors of the construction materials company from serving on boards for five years, saying ASIC had failed in its duty of care to call all relevant witnesses to the trial.

Chief Justice Jim Spigelman and appeal judges Margaret Beasley and Roger Giles ruled that ASIC had not discharged its “burden of truth”.

New ASIC Chairman Greg Medcraft says although the regulator acknowledges its obligation to conduct proceedings fairly, the appeal will seek clarification of the nature, content and scope of the duty of fairness stated by the Court of Appeal.

“There is a public interest in seeking this clarification, as it has a significant effect on the conduct of civil enforcement by regulatory agencies such as ASIC,” he said.