Admission of hearsay evidence under s 64 of the Evidence Act 1995 where the maker is unavailable does not, without more, constitute 'unfair prejudice' under s 135(a) merely because the opposing party cannot cross-examine, at least where the evidence has high probative value. The trial judge should take the inability to cross-examine into account when assessing weight rather than admissibility. Occupiers of residential premises have no duty to inspect for unknown and unsuspected defects, and the foreseeability of injury must be assessed by reference to the actual use contemplated, not abnormal uses.
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