(3)On any such application, the [Tribunal] [Substituted by Act 11 of 2003, Section 14, for " Court" . ], after hearing the applicant and any other persons who apply to the [Tribunal] [Substituted by Act 11 of 2003, Section 14, for " Court" . ] to be heard and appear to the [Tribunal] [Substituted by Act 11 of 2003, Section 14, for " Court"] to be interested in the application, may, if it is satisfied, having regard to all the circumstances of the case, that the variation would unfairly prejudice the shareholders of the class represented by the applicant, disallow the variation; and shall, if not so satisfied, confirm the variation.
