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Facts: This case concerned an aerial cropspraying business. Mr Lee
owned the majority of the shares (all but one) and was the sole
working director of the company. He was killed while piloting the
aircraft.
Held: Although Lee was the majority shareholder and sole working
director of the company, he and the company were separate legal
persons. Therefore he could also be an employee of the company
for the purposes of the relevant statute with rights against it when
killed in an accident in the course of his employment.Question: Can you please explain me the above case?
What is there to explain? Mr Lee was an employee of the company – it further establishes the concept of separate legal personality of a company confirming that is separate and distinct from those who manage its affairs and those who are beneficially interested in the success or failure of the company
There’s nothing more to explain – it is just another example like Salomon and like Macaura
But you will not be examined on cases and you will have NO opportunity to demonstrate your knowledge of cases in the exam so simply remember that …
… a company is a separate legal person
OK?
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