BACKGROUND BP Southern Africa (Pty) Ltd (“the Applicant”) and Intertrans Earl Oil SA (Pty) Ltd (“the First Respondent”) entered into various agreements in terms of which the First Respondent would have the right to exclusively purchase the Applicant’s products for resale and in return, the Applicant would supply the First Respondent with fuel and lease
SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies