Consideration of appeal
98. (1) If in an appeal under section 97 the court considers—
(a) that the notice or decision against which the appeal is brought is not in accordance with the law; or
(b) that the notice or decision involved an exercise of discretion by the Regulato that ought to have been exercised differently,
the court must allow the appeal and may set aside the notice or substitute such other notice or decision as should have been served or made by the Regulator.
(2) In such an appeal, the court may review any determination of fact on which the notice in question was based.