The legal position regarding the notion of separate legal entity and limited liability.
Date Submitted: 09/10/2006 02:07:39
Salomon's case is actually the beginning of company law as we understand it today. In Salomon's case, there were two main legal issues raised which hadn't been noticed before: whether an artificially formed entity been regarded as an independent entity like a nature person which can separate from the persons who really formed or/and controlled it, and whether the persons who formed or/and controlled the company can avoid the liabilities when conjunctures of
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apply equally to the separate companies of a group. See Walker v Wimborne (1976) 137 CLR 1; Industrial Equity Ltd v Blackburn (1977) 137 CLR 567; and, Pioneer Concrete Services Ltd v Yelnah Pty Ltd (1987) 5 ACLC 467.
[11] LCB Gower, Gower's Principles of Modern Company Law (5th ed, Sweet & Maxwell, London, 1992), p 88.
[12] Tomasic, Jackson, and Woellner, op cit, p 98.
[13] D Bonham and D Soberman, "The Nature of Corporate Personality", in JS Ziegel (ed), Studies in Canadian Company Law (Butterworths, Toronto, 1967), p 5.
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