[1] We heard the appeal of the appellant/plaintiff in respect of the decision of the learned High Court Judge who allowed the respondents' (witness) application under O 92 r 4 of the Rules of High 1980 and/or inherent jurisdiction of the Court to set aside the subpoena served on Tan Yeo Hwa an employee of Alliance Investment Bank (AIBB) on 27 November 2012 and dismissed the appeal with costs. The draft judgment was approved by my learned brothers, Datuk Clement Skinner and Dato' Mah Weng Kwai earlier. This is our judgment.

[2] It is not in dispute that the subpoena was issued for the purpose of producing the documents and also to give evidence.

Brief Facts

[3] The appellant was interested in employing the defendants as remisiers who were then working as "Paid Dealers Representatives" in AIBB and not remisiers. The defendants have signed a letter of offer for a position as a remisier with the plaintiff. One of the main issues to be tried before the High Court is whether there was a concluded contract between the plaintiff and the defendants. It will follow if there is a breach then the issue will be whether the plaintiff did suffer any loss or damage.

[4] During the trial the plaintiff