JUDGMENT

Mohd Hishamudin Mohd Yunus J:

[1] The trial of this case is scheduled to be held on 1, 2, 3 and 4 December 2008. The defendant has applied to this Court for subpoenas to be issued to the following persons to be witnesses for the defence at the trial. They are:

(a) Tan Sri William Cheng Heng Jem;

(b) Encik Cheng Yong Liang; and

(c) Encik Charoen Sae Tang.

[2] The subpoena's have been issued and served on the above three persons (hereinafter shall be referred to as the 'Applicants').

[3] The plaintiff and the above three Applicants now, by summons in chambers at encls 27, 31 and 39, apply to this Court to set aside the subpoenas.

[4] There is also an alternative prayer that the applicants be permitted to give their evidence only after the defendant's principal witness has given evidence.

[5] In their statement of claim, the plaintiff claims against the defendant a sum of RM500,000, which the plaintiff had lent to the defendant.

[6] Tan Sri William Cheng is not a director, officer or shareholder of the plaintiff Company. However, it is not disputed that the plaintiff Company is directly or indirectly controlled by Tan Sri William Cheng and his family members.

[7] It is n