(3) Except with the approval of the Court on application by the corporate rescue practitioner, a practitioner may not appoint a person as part of the management of the company, or an advisor to the company or to the practitioner, if that person-
(a) has any other relationship with the company such as would lead a reasonable and informed third party to conclude that the integrity, impartiality or objectivity of that person is compromised by that relationship;or (b) is an associate of a person who has a relationship contemplated in paragraph (a).
(4) During a company’s corporate rescue proceedings, the corporate rescue practitioner- (a) is an officer of the Court, and must report to the Court in accordance with any applicable rules of, or orders made by, the Court; and
(b) has the responsibilities, duties and liabilities of a director of the company; and
(c) other than as contemplated in paragraph (b)-
(i) is not liable for any act or omission in good faith in the course of the exercise of the powers and performance of the functions of a practitioner; but
(ii) may be held liable in accordance with any relevant law for the consequences of any act or omission amounting to gross negligence in the exercise of the powers and performance of the functions of a practitioner.
(5) If the corporate rescue process concludes with an order placing the company in liquidation, any person who has acted as corporate rescue practitioner during the corporate rescue process may not be appointed as liquidator of the company.