A local council that intervenes during construction to require changes to building specifications (such as raising a slab) may owe a duty of care to ensure the altered design is adequate, and failure to require amended plans or engineering certification may constitute evidence of negligent inspection. A valuer may give opinion evidence as to the value of damaged property based on accumulated experience and observation even where no comparable sales of similarly damaged properties exist; Makita does not require exclusion of such evidence merely because objective material is incomplete. Where a party fails to call witnesses who could address critical factual issues (such as the builder or council inspector), Jones v Dunkel inferences should be drawn.
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