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Time left 3:36:05 Question 1 - Company registration and its effects (10 marks) Consolidated Food Industries Ltd (CSF Ltd) acquired all the shares in Ocean
Time left 3:36:05 Question 1 - Company registration and its effects (10 marks) Consolidated Food Industries Ltd (CSF Ltd) acquired all the shares in Ocean Protein Pty Ltd (OP Pty Ltd) in 2012. Soon after the acquisition by CSF Ltd, OP Pty Ltd released 'C-Force', a high protein low calorie diet supplement which was used by many athletes and bodybuilders. After a few years, the sales of C-Force grew but several cases of digestive illness started to be linked to users of the supplement. In 2015 medical researchers confirmed a link between the use of C-Force and inflammation of the digestive system. OP Pty Ltd ceased sales of the product and in 2016 OP Pty Ltd was wound up and de-registered. Some former users of the product have developed long-term serious illnesses which they claim is the result of using C-Force, and they are seeking damages from CSF Ltd, the holding company of the now de-registered OP Pty Ltd. CSF LTD is relying on the decision in Salomon v A Salomon & Co Lid [1897] AC 22 to argue that it is a separate legal entity distinct from its subsidiaries and therefore cannot be held liable for the debts of OP Ltd. Your Task: Advise the injured users of C-Force as to what factors a court will consider in enabling their claim against CSF Ltd to proceed. A BIUS JOE=
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