Order Description

“The threshold problem that arises from the fact there is no common, unifying principle which underlies the occasional decision of the courts to pierce the corporate veil. Although an ad hoc
explanation may be offered by a court which so decides, there is no principled approach to be derived from the authorities.”

Briggs v James Hardie & Co Pty Ltd [1989] 16 NSWLR 549 per Rogers AJA at p. 567.

Citing relevant case law and statute in your answer, critically discuss the above statement in light of the manner in which the principle of separate legal personality has been traditionally
applied by the courts in Ireland and England, with particular reference to the circumstances in which it may be disregarded.