s. 78A (b) if the party causing the disadvantage is not the applicant— (i) determine the proceeding in favour of the applicant and make any appropriate orders; or (ii) order that the party causing the disadvantage be struck out of the proceeding; (c) make an order for costs under section 109. (3) The Tribunal's powers under this section are exercisable by the presiding member. 78A Application of Division 9 of Part III of Evidence S. 78A (Heading) (Miscellaneous Provisions) Act 1958—Document amended by unavailability No. 69/2009 s. 54(Sch. Pt 2 item 57.1). Despite section 98(1)(b), Division 9 of Part III of S. 78A the Evidence (Miscellaneous Provisions) Act inserted by 1958 applies to a proceeding commenced on or No. 53/2006 s. 6, after the commencement of the Evidence amended by (Document Unavailability) Act 2006, regardless No. 69/2009 s. 54(Sch. Pt 2 of when the document was destroyed, disposed of, item 57.2). lost, concealed or rendered illegible, undecipherable or incapable of identification. 79 Security for costs (1) On the application of a party to a proceeding, the Tribunal may order at any time— (a) that another party give security for that party's costs within the time specified in the order; and (b) that the proceeding as against that party be stayed until the security is given.
(b) if the party causing the disadvantage is not the applicant— (i) determine the proceeding in favour of the applicant and make any appropriate orders; or (ii) order that the party causing the disadvantage be struck out of the proceeding; (c) make an order for costs under section 109. (3) The Tribunal's powers under this section are exercisable by the presiding member. S. 78A (Heading) amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.1). S. 78A inserted by No. 53/2006 s. 6, amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.2). 78A Application of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability Despite section 98(1)(b), Division 9 of Part III of the Evidence (Miscellaneous Provisions) Act 1958 applies to a proceeding commenced on or after the commencement of the Evidence (Document Unavailability) Act 2006, regardless of when the document was destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification. 79 Security for costs s. 78A (1) On the application of a party to a proceeding, the Tribunal may order at any time— (a) that another party give security for that party's costs within the time specified in the order; and (b) that the proceeding as against that party be stayed until the security is given.
98-53a081.docx