There would exist no power of control and therefore the relationship of master-servant was not created. Therefore, he became in effect both employer and worker. The company had the right to decide what contracts for aerial top-dressing it would enter into.
It spread fertilisers on farmland from the air, known as top dressing. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. He was killed in a plane crash. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders.
North J said "the two offices are clearly incompatible.
It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company.
Mr Lee held of shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. One of his first acts was to appoint himself the only pilot of the company, for, although article 33 foreshadowed this appointment, yet a contract could only spring into existence after the company had been incorporated.
Control would remain with the company whoever might be the agent of the company to exercise