10 May 2017
MCKAY BUILDERS LIMITED (IN LIQ) v MCKAY [2017] NZHC 934
- Citation
- [2017] NZHC 934
- Court
- High Court
The High Court retained jurisdiction because the dispute is not an employment relationship problem but concerns the proper classification of payments recorded as shareholder drawings; leave under s248(1)(c) was declined because there was no jurisdictional bar and delay and futility factors weighed against leave; an adjournment was declined because the proposed accounting evidence could not establish employment status, would not determine all claims, and would unfairly prejudice plaintiffs and court resources; plaintiffs were permitted to proceed by formal proof hearing and costs awarded.