EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 89B Court may make ruling or order

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 89B

    (1)     If, in a civil proceeding, it appears to the court that—

        (a)     a document is unavailable; and

        (b)     no reproduction of the document is available in place of the original document; and

        (c)     the unavailability of the document is likely to cause unfairness to a party to the proceeding—

the court, on its own motion or on the application of a party, may make any ruling or order that the court considers necessary to ensure fairness to all parties to the proceeding, having regard to the matters set out in section 89C.

    (2)     Without limiting subsection (1), a ruling or order may be—

        (a)     that an adverse inference will be drawn from the unavailability of the document;

        (b)     that a fact in issue between the parties be presumed to be true in the absence of evidence to the contrary;

        (c)     that certain evidence not be adduced;

        (d)     that all or part of a defence or statement of claim be struck out;

        (e)     that the evidential burden of proof be reversed in relation to a fact in issue.

S. 89C inserted by No. 53/2006 s. 4.