EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 89C Matters the court must consider

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 89C

Before making an order under section 89B, the court must have regard to—

        (a)     the circumstances in which the document became unavailable; and

        (b)     the impact of the unavailability of the document on the proceeding, including whether the unavailability of the document will adversely affect the ability of a party to prove its case or make a full defence; and

        (c)     any other matter that the court considers relevant.

S. 89D inserted by No. 53/2006 s. 4.