BUILDING (PRICE CONTROL) (EVIDENCE) REGULATIONS (evidence)

BUILDING (PRICE CONTROL) (EVIDENCE)

SUBSIDIARY LEGISLATION 288.02

BUILDING (PRICE CONTROL) (EVIDENCE)

REGULATIONS

7th June, 1985

LEGAL NOTICE 17 of 1985.

The title of these regulations is the Building (Price

Control) (Evidence) Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Building (Price Control) Act;

"Tribunal" means the Building (Price Control) Tribunal

established by article 9 of the Act.

(1) A person filing an application or reply in the Tribunal

shall, together with the application or reply, file in the Registry of

the Tribunal

(a) all the documents in his possession to which he intends

to make reference in support of his case;

(b) a list of all documents, not in his possession, but of the

existence of which he is aware, to which he intends to

make reference in support of his case; and

(c) a list of witnesses he intends to produce, including the

subpoena of the other party, stating in respect of each

of them the proof he intends to establish by their

evidence.

(2) The documents and lists referred to in subregulation (1)

shall be filed by means of a note.

No witness may be produced whose name is not given in

the list referred to in regulation 3, unless the Tribunal is satisfied

that the witness was not known to the party at the time of filing the

application or the reply, as the case may be, or that the necessity of

producing the witness arose at any time after the filing of the

application or reply, or unless the opposite party gives his consent.

Where any document is not produced or is not included in

the list referred to in regulation 3, its production shall only be

allowed

(a) if, notwithstanding all due diligence, the documents

could not be obtained before the filing of the

application or of the reply with which it should have

been produced, and the filing of the application or the

reply could not, without prejudice, be delayed; or

(b) if the Tribunal is satisfied of the necessity or

expediency of having the document before it: provided

that the Tribunal may in adjudging the costs of the

cause, take into account the tardy production of the

document; or

BUILDING (PRICE CONTROL) (EVIDENCE)

(c) if the opposite party, by a separate note, or by an

annotation in the margin or at the foot of the note by

which the document is produced, gives his consent

thereto; or

(d) if it is proved that the party producing the document

had not been aware of it, or could not, with the means

provided by law, have produced it in due time; or

(e) if the document to be produced is a book or other

paper in the original, copies whereof or extracts

wherefrom, relating to the matter at issue, were

produced in due time.