Cap. 6:07 INSOLVENCY No. 7/2018 (i) does not satisfy the requirements of section 13 I; or (ii) is not independent of the company or its management; or (iii) lacks the necessary skills, having regard to the company's circumstances. (2) An affected person who, as a director of a company, voted in favour of a resolution contemplated in section 122 may not apply to a Court in terms of(a) subsection (I )(a) to set aside that resolution; or (b) subsection (I )(b) to set aside the appointment of the practitioner appointed by the company, unless that person satisfies the Court that the person, in supporting the resolution, acted in good faith on the basis of information that has subsequently been found to be false or misleading. (3) An applicant in terms of subsection (I) must(a) serve a copy of the application on the company and the Master; and (b) notify each affected person of the application by standard notice. (4) Each affected person has aright to participate in the hearing of an application in terms of this section. (5) When considering an application in terms of subsection (I )(a) to set aside the company's resolution, the Court may(a) set aside the resolution(i) on any grounds set out in subsection(!); or (ii) if, having regard to all of the evidence, the Court considers that it is otherwise just and equitable to do so; (b) afford the practitioner sufficient time to form an opinion whether or not(i) the company appears to be financially distressed; or (ii) there is a reasonable prospect of rescuing the company; and after receiving a report from the practitioner, ma_y set aside the company's resolution if the Court concludes that the company is not financially distressed, or there is no reasonable prospect of rescuing the company; (c) if it makes an order under paragraph (a) or (b) setting aside the company's resolution, may make any further necessary and appropriate order, including(i) an order placing the company under liquidation; or (ii) if the Court has found that there were no reasonable grounds for believing that the company would be unlikely to pay all of its debts as they became due and payable, an order of costs against any director who voted in favour of the resolution to commence corporate rescue proceedings, unless the Court is satisfied that the director acted in good faith and on the basis of information that the director was entitled to rely upon. (6) If, after considering an application in terms of subsection (I )(b), the Court makes an order setting aside the appointment of a practitioner(a) the Court must appoint an alternate practitioner who satisfies the requirements of section 131, recommended by, or acceptable to, the holders of a majority of the independent creditors' voting interests who \\'ere represented in the hearing before the Court; and (b) the provisions of subsection (5)(b), if relevant, apply to the practitioner appointed in terms of paragraph (a). 289