Separate Legal Personality & Piercing the Veil

Company is distinct entity

Saloman

cannot use company to evade obligations or liabilities

Prest

Doesn’t apply where its normal to use a company to escape liability

Prasad

when the subsidiary is basically treated the same as the parent company

steel holdings

Something more than ownership and control needed for DOC.

James Hardie

Liquidator can as for pooling or contribution order

s 271

James Hardie Test

(1) Parent takes over running of the relevant part of the subsidiary’s business;
(2) parent has superior knowledge + subsidiary relied on it + parent knew/ought to have foreseen the deficiency;
(3) Parent takes responsibility for the policy/advice linked to the wrongful act.