(1) An institution or entity in relation to which a capital instruments order is made, a shareholder of that institution or entity or a holder of a relevant capital instrument affected by the capital instruments order may apply to the Court by motion on notice grounded on affidavit, not later than 14 days after the publication in accordance with Regulation 101(1)(b) of a capital instruments order, for the setting aside of the capital instruments order.
(2) The Court shall give such priority to an application under paragraph (1) as is necessary in the circumstances and may give such directions as it considers appropriate in the circumstances.
(3) On an application under paragraph (1), the Court may set aside the capital instruments order only where it is of the opinion that there has been non-compliance with any of the requirements of Regulation 99 or that the determination of the competent authority or the joint determination, as the case may be, under Regulation 95(8) was unreasonable
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