Keach and Keach and Anor (No 3)

In *Keach and Keach and Anor (No 3)*, Strickland J of the Supreme Court of New South Wales considered an application for leave to inspect and copy documents produced pursuant to a subpoena, and an application for leave to file an affidavit *nunc pro tunc*. The parties involved were the applicants (Keach and Keach) and the respondents, with the subpoena directed to Elrington Boardman Allport.

The primary legal issue before the Court was whether to grant the applicants leave to inspect and copy the documents that had been produced by Elrington Boardman Allport in response to a subpoena. Additionally, the Court was required to determine whether to grant the second respondent leave to file an affidavit of Mr H, which had been prepared and intended for filing on 16 September 2009, but had not been formally filed at that time.

Strickland J granted leave to the parties and their legal representatives to inspect and copy the documents produced pursuant to the subpoena. This indicates the Court was satisfied that the applicants had met the necessary threshold for such access. Furthermore, the Court granted the second respondent leave *nunc pro tunc* to file the affidavit of Mr H. This retrospective leave allows the affidavit to be treated as if it had been properly filed on the date it was prepared, overcoming the procedural irregularity.