(1) On application
under section 68, the court may by order set aside the notice and order the
Commissioner to withdraw any other notice if it is satisfied that —
(a)
because of a defect in the notice, substantial injustice will be caused unless
the notice is set aside; or
(b)
there is some other reason why the notice should be set aside.
(2) Except as provided
in subsection (1), the court must not set aside a notice merely because of a
defect.