Howlin v Clarence City Council

The Full Court of the Supreme Court of Tasmania heard an appeal brought by the appellant, Howlin, against the Clarence City Council. The dispute concerned the Council's decision to refuse an application for a permit to construct a dwelling on land owned by the appellant.

The central legal issue before the Full Court was whether it possessed the power to permit the adducing of further evidence on the hearing of the appeal, and if so, whether it should exercise that power in the circumstances of this case. The Court was required to consider the relevant provisions of the *Supreme Court Civil Procedure Act 1932* (Tas) and the principles governing the admission of fresh evidence on appeal.

The Court analysed the scope of its powers under the *Supreme Court Civil Procedure Act 1932* and concluded that it did have the power to permit the adducing of further evidence on appeal. However, the Court exercised its discretion against permitting the further evidence in this instance, finding that the evidence sought to be introduced was not of such a character that it would have been likely to have had a decisive effect on the original decision. The Court therefore dismissed the appeal.