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TABL 2741 BUSINESS ENTITIES: INDIVIDUAL RESEARCH ASSIGNMENT
Roskill LJ observed in The Albazero [1977] AC 774:
"... each company in a group of companies ... is a separate legal entity possessed of separate legal rights and liabilities so that the rights of one company in a group cannot be exercised by another company in that group ... It is perhaps permissible under modern commercial conditions to regret the existence of those principles. But it is impossible to deny, ignore or disobey them."
Do you agree with this judicial statement? Critically analyse the judicial statement above.
Words: 1500
References: 20.
Your answer must also include discussion on the current legal treatment of corporate groups with reference to the common law in Australia and the Corporations Act 2001 (Cth). You are not expected to discuss the facts or issues in the case above. Superficial answers (merely based on issue-recognition or simply quoting large chunks from books or articles), in adequate consideration of all the critical issues raised by the question (uncritical legal analysis) will attract a superficial mark. A synopsis (executive summary), at the outset, of no more than 100 words is recommended. Marks will be deducted for poorly structured answers (illogical or incoherent answers), absence of proof-reading the paper.
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