Where a tribunal's decision-making process includes a statutory right of rehearing (such as under s 68 of the CTTT Act), and the applicant exercises that right but fails to demonstrate any arguable defence, the decision-making process viewed as a whole does not involve a denial of procedural fairness. Alternatively, the exercise of the rehearing right may justify refusal of relief in the court's discretion even if procedural fairness was denied at the initial hearing.
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