Where a trial has proceeded on an incorrect factual basis due to an administrative oversight (not a forensic decision), the Full Court may admit further evidence on appeal, particularly where the evidence is documentary, cogent, and dispositive, and where public interest and third party interests favour admission.
The full text is available to signed-in members, including the 40 later cases that cite this judgment.
13 of the 40 citing cases carry a classified treatment. How each court treated it is available to signed-in members.