Table of Content
1. court examines the authority of registrar in relation to subpoenas. (Para 1)
2. court issues subpoenas to ensure witness testimonies are available for just adjudication. (Para 2 , 3 , 4 , 5)
3. courts consider the relevance of evidence and necessity for subpoenas. (Para 6)

[1] In Court Encl No 50 (This Application), the following 2 questions arise:

(1) whether the Registrar of Trade Marks (Registrar) can apply to Court to set aside subpoenas which have been issued to the Registrar's officers [subpoenas had been applied for by the plaintiff company (Plaintiff)] on the ground that the subpoenas are frivolous as all the information needed by the Plaintiff from the Registrar's officers for the trial of this case may be obtained from a search of the records of Intellectual Property Corporation of Malaysia (MyIPO); and

(2) if the Court dismisses This Application, in view of s 63(1) of the Trade Marks Act 1976 ( TMA ), can the Court order costs of This Application be paid by the Registrar to the Plaintiff?

B. Background

[2] In this case:-

(1) the Plaintiff had filed an action (Original Action) against 5 defendants (Defendants) for the tort of passing off in respect of a mar

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