Elon Musk can use a whistleblower's claims in his legal case against Twitter but the billionaire cannot delay the trial over his attempt to walk away from his $44 billion deal for the company, a judge ruled on Wednesday.
"I am convinced that even four weeks’ delay would risk further harm to Twitter," wrote Chancellor Kathaleen McCormick of Delaware's Court of Chancery, in affirming the trial will start next month.
Shares of Twitter rose about 4 per cent in early Wednesday trading to $40.15.
“We are hopeful that winning the motion to amend takes us one step closer to the truth coming out in that courtroom," Alex Spiro, an attorney for Mr Musk, said in a statement.
Mr Musk's legal team argued on Tuesday that justice demanded delaying the five-day trial so Mr Musk could investigate claims by whistleblower Peiter Zatko, known as "Mudge", that Twitter hid weaknesses in its security and data privacy.
Mr Musk's initial case against Twitter claimed the company misrepresented the prevalence of spam or bot accounts on the platform.
Last month, Twitter's former head of security, Mr Zatko's allegations became public and provided Mr Musk, the world's richest person, fresh ammunition to bolster what legal experts said was a long-shot attempt to walk away without paying a $1bn termination fee.
“We look forward to presenting our case in court beginning on Oct. 17th and intend to close the transaction on the price and terms agreed upon with Mr Musk,” said a statement from Twitter spokesman.
Twitter and Mr Musk have sued each other. The company wants chancellor McCormick to order Mr Musk to buy the company for the $54.20 per share he agreed to in April.
Mr Musk, who is also chief executive of electric vehicle maker Tesla, initially countersued Twitter for misleading him about the amount of fake or bot accounts on the platform, which he said allowed him to walk away from the deal.
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Tesla chief Elon Musk and his children Damian, Kai, Saxon and Griffin meet Pope Francis in July at the Vatican. AFP -
Mr Musk speaks by video in June to the Qatar Economic Forum in Doha. Bloomberg -
Mr Musk answers questions at the Qatar Economic Forum. Bloomberg -
Mr Musk arrives at the Met Gala at the Metropolitan Museum of Art in New York City in May. Reuters -
Mr Musk and his mother Maye Musk arrive at the Met Gala in May. AFP -
The Musks pose and laugh on the Met Gala red carpet. EPA -
Mr Musk waves at the Met Gala. Reuters -
Mr Musk joins in online at the 'Financial Times' Future of the Car Summit in May. Financial Times -
Mr Musk attends the opening ceremony of the new Tesla Gigafactory for electric cars in Gruenheide, Germany, in March. Reuters -
Mr Musk at the Tesla factory in Berlin, Germany, in March. AP -
Mr Musk speaks at SpaceX's Starbase centre in South Texas in February. AFP -
The entrepreneur shakes hands with Brazilian President Jair Bolsonaro in Porto Feliz, Brazil, in May. AP -
Mr Bolsonaro and Mr Musk greet each other in Sao Paulo. Reuters -
Indonesian President Joko Widodo meets Mr Musk at the SpaceX launch site in Boca Chica, Texas, in May. Reuters -
Mr Musk shows Mr Widodo his mobile phone during a tour of the SpaceX launch site in Texas. Reuters
