The statutory requirement of 'due inquiry' in racing tribunal legislation imports no more than procedural fairness and does not create a separate ground of judicial review. The Briginshaw standard, when applied by an administrative tribunal not bound by the rules of evidence, requires a comfortable level of satisfaction commensurate with the gravity of the charge, reached fairly and properly in accordance with processes appropriate to a tribunal rather than a court of law — it does not require the full Dixonian stricture against inexact proof, indefinite testimony or indirect references. Judicial review of factual determinations by administrative bodies is governed by the irrationality/illogicality standard from S20, not Wednesbury unreasonableness or merits review.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
5 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.