Unless the Court gives leave, a party is not entitled to put a document or a copy of a document in evidence or give, or cause to be given, evidence of the contents of a document:
(a) if:

(i)

the party has filed an affidavit of documents; and

(ii)

the document was, when the party made the affidavit, in the possession, custody or control of the party or had been, in the possession, custody or control of the party; and

(iii)

the document was not referred to in the affidavit or in any other affidavit of documents filed by the party under an order of the Court; or

(b)

if the party has been served with a subpoena to produce and does not produce the document.