Court Procedures Rules 2006

This rule applies if a party fails, without reasonable excuse, to disclose to another party a document that the party is required to disclose under this part, including under an order of the court made under this part.

The party must not tender the document in evidence against the other party on the hearing of the proceeding, or tender evidence of its contents, without the leave of the court.

Pt 6.2 (Applications in proceedings) applies to an application for leave.

In deciding whether to give leave under subrule (2), the court must act in accordance with the Evidence Act, part 3.11 (Discretionary and mandatory exclusions).

The party must also pay any costs incurred by another party because of the failure.

This rule does not limit any other power of the court in relation to the failure.