Where a regulator assures a party that it will be notified of adverse information, and then identifies specific issues for comment without mentioning other adverse conclusions it is contemplating, the regulator's failure to notify the party of those other adverse conclusions constitutes a denial of procedural fairness, particularly where the consequences of the adverse conclusions are massive. The question whether unreasonableness review extends to factual findings (as distinct from discretionary decisions) remains open in Australian law and should not be determined absent full argument.
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