89AMeaning of unavailability of document

89A Meaning of unavailability of document For the purposes of this Division, a document is unavailable in a civil proceeding if— (a) the document is, or has been but is no longer, in the possession, custody or power of a party to the civil proceeding; and (b) the document has been destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification (whether before or after the commencement of the proceeding). S. 89B inserted by No. 53/2006 s. 4.