Brine v Carter

The Full Court of the Supreme Court of South Australia heard an appeal concerning the procedure for the hearing of appeals. The appellant, Brine, sought to appeal a decision, and the central dispute revolved around the proper method for presenting evidence and arguments during the appellate process.

The primary legal issue before the Full Court was whether the appellant was entitled to adduce fresh evidence on appeal, and if so, under what circumstances and through what procedural mechanism. This involved considering the established principles governing the admission of new evidence in appellate proceedings and the court's discretion in such matters.

The Full Court affirmed the general rule that appeals are typically confined to the evidence presented in the court below. However, it acknowledged that exceptions exist where fresh evidence may be admitted if it is relevant, credible, and could not have been obtained with reasonable diligence for the original hearing. The court emphasised that the admission of fresh evidence is a discretionary power exercised cautiously, requiring a compelling justification. The court also clarified the procedural steps required for seeking leave to adduce such evidence, including the need for a formal application supported by affidavit.

The Full Court dismissed the appellant's application to adduce fresh evidence and proceeded to hear the appeal on the existing record.