--(1) If a witness statement or witness summary is not served in respect of an intended witness within the time specified by the court then the witness may not be called unless the court permits.
--(2) The court may not give permission at the trial unless the party asking for permission has a good reason for not seeking relief under rule 26.7 earlier.
Notes
--In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action.
----Ian Sieunarine v. Doc's Engineering Works (1992) Limited HCA 2387 of 2000
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