Where a party's submissions to a ministerial decision-maker refer to matters that are credible, relevant and significant to the decision, the decision-maker may be obliged to ensure the opposing party has sufficient information about those matters to make meaningful submissions, even if the underlying documents were not before the decision-maker. An affidavit of discovery by a government officer must depose to 'due and proper inquiries' having been made; an averment of 'substantial and detailed inquiries' is materially different and inadequate.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
2 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.