Discuss Southern Palace Investments 265 (Pty) Ltd v Midnight Storm Investments 386 Ltd 2012 (2) SA 423 (WCC) in respect of the question whether business rescue proceedings may be used to secure a better return for creditors or shareholders where there is no clear prospect of the company continuing to operate on a solvent basis or being restored to solvency.

Please break it down:

1.Facts of the case

2.Legal Question

3.Radio decidendi

4.Findings

*Insolvency Law- South Africa*