› Whether the issue of a second notice of practical completion after the date nominated in the first notice of practical completion constitutes a waiver of reliance upon the first notice
› Nature of waiver
Evidence
› Opinion evidence
› Effect of failure by expert witness to comply with the Tribunal’s procedural guidelines
› Application in the Tribunal of Makita (Australia) Pty Ltd v Sprowles
› Whether the Tribunal erred by dismissing or according no weight to evidence of an expert by reason of their failure to comply with the Procedural Guidelines or the principles expressed in Makita v Sprowles
Evidence
› Inference
› Whether the Tribunal erred by failing to draw the inference that a defect was widespread from evidence of a small number of instances