89CMatters the court must consider

89C Matters the court must consider 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.