169Failure or refusal to comply with request

### 169 Failure or refusal to comply with request > > (1)  If a party, without reasonable cause, failed or refused to comply with a request, the court, on application, may make one or more of the following orders: > > > > > > (a) an order directing the party to comply with the request; > > > > > > > (b) an order that the party produce a specified document or thing, or call as a witness a specified person, as mentioned in [section 166](#GS166@EN) ; > > > > > > > (c) an order that the evidence in relation to which the request was made is not to be admitted in evidence; > > > > > > > (d) any order with respect to adjournment or costs as is just. > > > (2)  If the party, within a reasonable time after receiving the request, had informed the other party that it refuses to comply with the request, an application under [subsection (1)](#GS169@Gs1@EN) by the other party must be made within a reasonable time after being so informed. > > > (3)  The court, on application, may direct that evidence in relation to which a request was made is not to be admitted in evidence if an order made by it under [subsection (1)(a)](#GS169@Gs1@Hpa@EN) or [(b)](#GS169@Gs1@Hpb@EN) is not complied with. > > > (4)  Without limiting the circumstances that may constitute reasonable cause for a party to fail to comply with a request, it is reasonable cause to fail to comply with a request if – > > > > > > (a) the document or thing to be produced is not available to the party; or > > > > > > > (b) the existence and contents of the document are not in issue in the proceeding in which evidence of the document is proposed to be adduced; or > > > > > > > (c) the person to be called as a witness is not available. > > > (5)  Without limiting the matters that the court may take into account in relation to the exercise of a power under [subsection (1)](#GS169@Gs1@EN) , it is to take into account – > > > > > > (a) the importance in the proceeding of the evidence in relation to which the request was made; and > > > > > > > (b) whether there is likely to be a dispute about the matter to which the evidence relates; and > > > > > > > (c) whether there is a reasonable doubt as to the authenticity or accuracy of the evidence that is, or the document the contents of which are, sought to be proved; and > > > > > > > (d) whether there is a reasonable doubt as to the authenticity of the document or thing that is sought to be tendered; and > > > > > > > (e) if the request relates to evidence of a previous representation, whether there is a reasonable doubt as to the accuracy of the representation or of the evidence on which it was based; and > > > > > > > (f) in the case of a request referred to in [section 166](#GS166@EN) (g), whether another person is available to give evidence about the conviction or the facts that were in issue in the proceeding in which the conviction was obtained; and > > > > > > > (g) whether compliance with the request would involve undue expense or delay or would not be reasonably practicable; and > > > > > > > (h) the nature of the proceeding.