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.