Do Business Rescue Practitioners Enjoy “Super Preference” During Liquidation Proceedings?

During Business Rescue proceedings in terms of the Companies Act 71 of 2008 (“the Companies Act”), a business rescue practitioner enjoys first preference in terms of his remuneration and expenses (Section 135(1) to (3)) read with Section 143. However the question that had caused a degree of contention was whether that “super preference” would be …

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