Unreasoned tribunal orders breach natural justice and can be set aside for fresh consideration.

An adjudicatory order must record the rival contentions and disclose the reasons for its conclusion, because judicial review requires the basis of decision to be apparent. Where a Tribunal order is unreasoned and does not deal with the parties' submissions, it breaches fairness and principles of natural justice. The impugned order was therefore set aside and the matter remitted for fresh consideration in accordance with law and natural justice.

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Issues: Whether the Tribunal's order, being unreasoned and not dealing with the parties' contentions, was vitiated by breach of principles of natural justice and liable to be set aside with a remand for fresh consideration.

Analysis: The order under challenge did not record the rival contentions or deal with them by a reasoned determination. An adjudicatory order is expected to disclose the basis of decision and reflect application of mind, particularly since it is subject to judicial review. An unreasoned order fails to satisfy the requirement of fairness and natural justice.

Conclusion: The impugned order was set aside and the matter was remitted to the Tribunal for fresh consideration in accordance with law and principles of natural justice.

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