(5)The [Tribunal] [ Substituted by Act 11 of 2003, Section 95, for " Court" .] may, on the application of any person who is, as against the Liquidator, entitled to the benefit or subject to the burden of a contract made with the company, make an order rescinding the contract on such terms as to payment by or to either party of damages for the non-performance of the contract, or otherwise as the [Tribunal] [ Substituted by Act 11 of 2003, Section 95, for " Court" .] thinks just; and any damages payable under the order of any such person may be proved by him as a debt in the winding up.