A party who fails to adduce evidence as to their own knowledge of a hearing date — a matter wholly within their power to produce — cannot establish on appeal that a trial conducted in their absence was a nullity for want of procedural fairness. An adverse inference will be drawn that the evidence would not have assisted them. Substantive defences not pleaded at trial cannot be raised for the first time on appeal, particularly where the opposing party may have been able to answer them.
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