Jan Visser accused authorities of maliciously prosecuting him for the 2007 import, which was then the world's largest.

The stash of 15 million pills was uncovered after gangland lawyer Nicola Gobbo handed over shipping documents from her client Rob Karam, helping lead police to the shipment from Italy.

Karam had given her the documents for safekeeping while she represented him on unrelated matters.

The three judges said that fact did give the documents legal privilege, but later noted Gobbo had been "deliberately and methodically working against his interests".

Visser was not represented by Ms Gobbo.

Victoria's Court of Appeal on Friday dismissed his case - the first appeal over the "tomato tins" import - finding the desirability of using the shipping documents against him outweighed the undesirability.

Commonwealth prosecutors had conceded there's no evidence they would have known about the pills if it wasn't for the tip-off from Ms Gobbo - once a celebrated and sought-after defence lawyer.

But they said federal investigators themselves didn't know the tip had come from her so they couldn't have disclosed that to any of the 32 crime syndicate members they prosecuted.

Visser argued that the evidence was the "fruit of the poisonous tree" - that because the original tip-off was tainted, so too is everything that flowed from it.

The three appeal judges found even if the shipping documents had been obtained by Ms Gobbo's impropriety the evidence wouldn't have been excluded at trial.

The crime exposed by Ms Gobbo's snitching was extremely serious and any impropriety on her part didn't affect the reliability of the evidence.

Non-disclosure about its source by the AFP and prosecutors was not deliberate, they added.

Visser admits he always knew the content of the shipping container, delivered to a Melbourne port from Naples, Italy, was illegal.

But he has always argued that he believed it was illegal tobacco, or "chop chop", and that he was helping the syndicate avoid tax.

Visser argued he had new evidence from co-accused Pasquale Barbaro and Saverio Zirilli indicating he hadn't known the true contents of the shipment.

But the judges noted both men were convicted criminals - identified by Visser as Calabrian Mafia members - who offered to provide statements nine years after the fact.

Visser is serving an 11-year prison sentence.

Other members of the tomato tins syndicate have appeals underway including Karam, Barbaro, Zirilli, Salvatore Agresta and Carmelo Falanga.

Australian Associated Press