(1) If an agreement is set aside under section 170K—
(a) the agreement is taken never to have had effect for the purpose of any proceeding in a court; and
(b) evidence of a statement or communication, or a part of a statement or communication, tending to establish the existence of the agreement is not admissible in any proceeding in a court, unless the Supreme Court orders otherwise.
(2) The Supreme Court may make an order under subsection (1) (b) only if satisfied that the admission of the evidence is necessary to avoid injustice to a party to the proceeding.