33Discretion to prevent foreign material being adduced

#### 33 Discretion to prevent foreign material being adduced (1) The court may direct that foreign material not be adduced as evidence if it appears to the court’s satisfaction that, having regard to the interests of the parties to the proceeding, justice would be better served if the foreign material were not adduced as evidence. (2) Without limiting the matters that the court may take into account in deciding whether to give such a direction, it must take into account: (a) the extent to which the foreign material provides evidence that would not otherwise be available; and (b) the probative value of the foreign material with respect to any issue that is likely to be determined in the proceeding; and (c) the extent to which statements contained in the foreign material could, at the time they were made, be challenged by questioning the persons who made them; and (d) whether exclusion of the foreign material would cause undue expense or delay; and (e) whether exclusion of the foreign material would unfairly prejudice any party to the proceeding.