38. Witness summons may be set aside
(1) A person summoned to give evidence or to produce evidentiary material at a trial may make an application to set aside the summons, and in that case Part 10 applies as if the person were a party to the case in question.
(2) The Court may set aside the witness summons if it is satisfied that ¾
(a) the person does not have either evidence to give or evidentiary material to produce that is relevant to the case;
(b) the person cannot be lawfully compelled to give any evidence or produce any evidentiary material to the Court; or
(c) there are other good reasons for doing so.