A tribunal does not deny procedural fairness by giving no weight to an expert report for non-compliance with Makita v Sprowles principles where the opposing party raised the objection at the hearing and the party tendering the report had prior notice of the deficiency. A party excluded from a tribunal hearing room for disruptive conduct during cross-examination is not denied procedural fairness on a subsequent hearing day where the exclusion could not reasonably be understood as extending beyond the cross-examination and the party had a reasonable opportunity to return. The Jones v Dunkel principle may be applied where a party fails to call an available party eyewitness who was arguably in a better position to give evidence than the co-party who did give evidence.
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