2015 BAl-ita:NG Al\ffi'lDMENT No.l2 (3) A decision by a judge not to issue a confim1ing order in terms of subsection (1), or to issue it subject to any amendment or variation, shall not prevent the Reserve Bank from making a fresh application in terms of that subsection on the basis of new evidence obtained since the original application, or to correct any mistake in the original application, and subsections (1) and (2) shall apply to such fresh application. (4) Where an appeal is noted against a decision of the High Court in an application referred to in this section, the Supreme Court shall ensure that, where possible, it delivers judgment in the appeal within thirty days after the appeal was filed in accordance with mles of comt. (5) Notwithstanding any other law, if an appeal is noted against a decision of the High Court in an application refeiTed to in this section, no court shall set aside the decision of the Reserve Bank made pursuant to a bank resolution plan without the consent of the Reserve Bank, unless the comt is satisfied that the decision was made corruptly or in bad faith: Provided that this subsection shall not prevent a court from awarding fair and adequate compensation to any person who has suffered loss as a result of the decision. (6) Pending the determination of an application referred to in this section or any appeal in relation thereto, the Reserve Bank may take any of the measures referred to in section 52A(6) or any other formal supervisory or enforcement action against the problem banking institution concemed in the interests of its creditors or depositors or in the public interest. (7) Where a problem bank notice is confirmed by the comt in terms of this section and the bank resolution plan in relation to it proposes to place the problem banking institution concerned under liquidation, it shall not be necessary to issue a separate notice of liquidation in terms of section 57. 52C Implementation of bank resolution plan (1) In this section "curator" means an agent of the Reserve Bank acting as an independent contractor or the Reserve Bank itself operating through one of its employees, and includes any special asset management company established in terms of Part IXA of the Reserve Bank Act. (2) Where a curator has taken control of a problem banking institution under a bank resolution plan, the shareholders of the institution shall have no rights with respect to shares, except to the extent permitted under the plan. (3) Within ninety days after a curator has taken control of a problem banking institution under a bank resolution plan, the Reserve Bank, after consultation with the Deposit Protection Corporation, shall(a) determine whether to restmcture, reorganise or wind up the institution; and (b) detemune an alternative bank resolution plan based upon any combination of restructuring, reorganisation or winding up of the institution or, subject to this section, any other option which provides for expeditious resolution of the problems of the institution: 245