Allison v Tuna Tasmania Pty Ltd

The appeal concerned a dispute between Allison and Tuna Tasmania Pty Ltd. The case came before the Full Court of the Supreme Court of Tasmania.

The primary legal issue before the Full Court was whether to admit further evidence on appeal that was not available at the original hearing. The court was required to determine if the circumstances surrounding the unavailability of this evidence justified its admission on appeal.

The Full Court refused special leave to adduce further evidence. Their Honours reasoned that the evidence could have been obtained by proper diligence prior to the original hearing. No special circumstances were established that would warrant departing from the general rule that evidence not available at the hearing is not admissible on appeal.