Victorian Consolidated Legislation

Property Law Act 1958 - SECT 64

Production and safe custody of documents

64. Production and safe custody of documents



(1) Where a person retains possession of documents, and gives to another an
acknowledgment in writing of the right of that other to production of those
documents, and to delivery of copies thereof (in this section called an
acknowledgment), that acknowledgment shall have effect as in this section
provided.

(2) An acknowledgment shall bind the documents to which it relates in the
possession or under the control of the person who retains them, and in the
possession or under the control of every other person having possession or
control thereof from time to time, but shall bind each individual possessor or
person as long only as he has possession or control thereof; and every person
so having possession or control from time to time shall be bound specifically
to perform the obligations imposed under this section by an acknowledgment,
unless prevented from so doing by fire or other inevitable accident.

(3) The obligations imposed under this section by an acknowledgment are to be
performed from time to time at the request in writing of the person to whom an
acknowledgment is given, or of any person, not being a lessee at a rent,
having or claiming any estate, interest or right through or under that person,
or otherwise becoming through or under that person interested in or affected
by the terms of any document to which the acknowledgment relates.

(4) The obligations imposed under this section by an acknowledgment are-

   (a)  an obligation to produce the documents or any of them at all
        reasonable times for the purpose of inspection, and of comparison with
        abstracts or copies thereof, by the person entitled to request
        production or by any person by him authorized in writing; and

   (b)  an obligation to produce the documents or any of them at any trial,
        hearing or examination in any court, or in the execution of any
        commission, or elsewhere in Victoria, on any occasion on which
        production may properly be required, for proving or supporting the
        title or claim of the person entitled to request production, or for
        any other purpose relative to that title or claim; and

   (c)  an obligation to deliver to the person entitled to request the same
        true copies or extracts, attested or unattested, of or from the
        documents or any of them.

(5) All costs and expenses of or incidental to the specific performance of any
obligation imposed under this section by an acknowledgment shall be paid by
the person requesting performance.

(6) An acknowledgment shall not confer any right to damages for loss or
destruction of, or injury to, the documents to which it relates, from whatever
cause arising.

(7) Any person claiming to be entitled to the benefit of an acknowledgment may
apply to the Court for an order directing the production of the documents to
which it relates, or any of them, or the delivery of copies of or extracts
from those documents or any of them to him, or some person on his behalf; and
the Court may, if it thinks fit, order production, or production and delivery,
accordingly, and may give directions respecting the time, place, terms and
mode of production or delivery, and may make such order as it thinks fit
respecting the costs of the application, or any other matter connected with
the application.

(8) An acknowledgment shall by virtue of this Part satisfy any liability to
give a covenant for production and delivery of copies of or extracts from
documents.

(9) Where a person retains possession of documents and gives to another an
undertaking in writing for safe custody thereof, that undertaking shall impose
on the person giving it, and on every person having possession or control of
the documents from time to time, but on each individual possessor or person as
long only as he has possession or control thereof, an obligation to keep the
documents safe, whole, uncancelled and undefaced, unless prevented from so
doing by fire or other inevitable accident.

(10) Any person claiming to be entitled to the benefit of such an undertaking
may apply to the Court to assess damages for any loss or destruction of, or
injury to, the documents or any of them, and the Court may, if it thinks fit,
direct an inquiry respecting the amount of damages, and order payment thereof
by the person liable, and may make such order as it thinks fit respecting the
costs of the application, or any other matter connected with the application.

(11) An undertaking for safe custody of documents shall by virtue of this Part
satisfy any liability to give a covenant for safe custody of documents.

(12) The rights conferred by an acknowledgment or an undertaking under this
section shall be in addition to all such other rights relative to the
production, or inspection, or the obtaining of copies of documents, as are
not, by virtue of this Part, satisfied by the giving of the acknowledgment or
undertaking, and shall have effect subject to the terms of the acknowledgment
or undertaking, and to any provisions therein contained.

(13) This section shall apply only if and as far as a contrary intention is
not expressed in the acknowledgment or undertaking.

(14) This section shall apply to an acknowledgment or undertaking given, or a
liability respecting documents incurred, after the thirty-first day of January
One thousand nine hundred and five.

(15) Nothing in this section shall be deemed or taken to affect section
fifteen of this Act or any corresponding previous enactment.