Business rescue proceedings as set out in Southern Palace Investments 265 Pty Ltd versus Midnight Storm Investments 386 Pty Ltd 2012 SA 423 – whose interests are really being protected?

The newly introduced concept of business rescue (in terms of the Companies Act of 2008) has inspired a lot of discussion in the last few months. Cases attracting attention include 1time Airline,
Top TV and  the lesser-known matter of the Newcity Group, where liquidation proceedings have commenced, as business rescue was refused. These examples, along with a string of other high-profile liquidation proceedings making the news recently, prove − if nothing else − that the business rescue concept is widely misunderstood and consequently abused.

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