Table of Content
1. question of setting aside subpoenas before trial. (Para 1 , 2)
2. overview of the consolidated suits and allegations. (Para 3 , 4)
3. discussion on setting aside subpoenas pre-trial. (Para 6)
4. court's inherent jurisdiction to address subpoenas. (Para 7)

[1] This judgment discusses, among others, the novel question of whether before the commencement of trial, a person who has been subpoenaed to give evidence at the trial (Subpoenaed Witness), may apply to Court to set aside the subpoena on the ground that the evidence which may be given by the Subpoenaed Witness is not admissible because the evidence is:-

(1) made on a "without prejudice" basis within the meaning of s 23 of the Evidence Act 1950 ( EA ); or

(2) legally privileged under s 126(1) EA .

B. Background

[2] The above two suits (2 Suits), Civil Suit No D5-22-610-2006 (1st Suit) and Civil Suit No D1-22-1960-2008 (2nd Suit), have been consolidated.

[3] In the 1st Suit, the plaintiff companies (Plaintiffs) claimed, among others, that 9 individual defendants had breached their fiduciary and statutory duties as directors of the Plaintiffs regarding, among others, certain contracts and transactions [Breach of Duty I

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