Supreme Court of Appeal: Diener NO v Minister of Justice and Others (926/2016) [2017] ZASCA 180; [2018] 1 All SA 317 (SCA); 2018 (2) SA 399 (SCA) (1 December 2017)

Appeal on whether, when business rescue converted to liquidation, business rescue practitioner’s claim for remuneration and expenses enjoys a ‘super-preference’ over all creditors, secured or unsecured – whether, when business rescue proceedings converted to liquidation proceedings, date of liquidation is date of commencement of business rescue proceedings or date liquidation application filed – whether business rescue practitioner’s claim for remuneration and expenses must be proved in terms of s 44 of the Insolvency Act 24 of 1936.