JUDGMENT

Ong Chee Kwan JC:

Background Facts

[1] At all material times, the Plaintiff is the customer of the Defendant and had opened an account at the Defendant's branch at Lucky Garden, Bangsar which carries on the business at No 21, Lorong, Ara Kiri Satu, Lucky Garden, Bangsar, 59100 Kuala Lumpur (hereinafter referred as 'the Defendant's Branch').

[2] The Plaintiff opened a current account no 80-0091214-4 at the Defendant's Branch ('the Account').

[3] The Plaintiff's claims in this action revolve around the production by the Defendant of certain bank statements of the Plaintiff's Account by the Defendant's Assistant Manager during the course of the trial in Suit No: Wa-22NCvC-509-09/2017 ('Suit 509').

[4] In Suit 509, the Defendant's Assistant Manager, one Encik Zafri bin Hassan ('En Zafri' or 'DW1') was served with subpoenas by the claimant in respect of the Plaintiff's Account. The purpose for the subpoenas was to address the question at the Suit 509 trial as to whether the Plaintiff's Account had sufficient funds to pay out certain cheques that the Plaintiff had issued to the claimant.

[5] It is the Plaintiff's case in the present action that the Defendant's Assistant Manager had wit