(1) For the purposes of this Act—
(a) a document that cannot be found after reasonable enquiry and search shall be taken not to be available to a party; and
(b) a document that has been destroyed shall be taken not to be available to a party if it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by some other person.
(2) A document, other than a document referred to in subsection (1), shall be taken not to be available to a party if—
(a) it cannot be obtained by any judicial procedure of the court;
(b) it is not in the possession or under the control of the party and, is in the possession or under the control of some other party who knows or might reasonably be supposed to know that evidence of the contents of the document is likely to be relevant;
(c) it is not in the possession or under the control of the party and, at a time when it was in the possession or under the control of some other party, that party knew or might reasonably be supposed to have known that evidence of the contents of the document was likely to be relevant; or
(d) the contents of the document are not closely related to an issue that is important in the proceedings.
(3) In all cases, other than those set out in subsections (1) and (2), the document shall be taken to be available to the party.