Hakea Holdings Pty Ltd v Stewart William Free

Hakea Holdings Pty Ltd (the applicant) sought leave from the Supreme Court of New South Wales to continue with and take fresh steps in a proceeding against Stewart William Free (the respondent). The application was made pursuant to section 58(3) of the *Bankruptcy Act 1966* (Cth).

The central legal issue before Dowdy J was whether to grant the applicant leave to proceed with its action against the respondent, who was a bankrupt. Section 58(3) of the *Bankruptcy Act* requires a creditor to obtain leave of the court to commence or continue proceedings against a bankrupt.

Dowdy J granted the application, finding that it was appropriate to grant leave under section 58(3) of the *Bankruptcy Act*. The court determined that the circumstances warranted allowing the applicant to pursue its claim. The specific reasons for this determination, while not detailed in the provided text, indicate that the court applied the principles governing the exercise of discretion under this section of the Act.

Leave was granted to the applicant to continue with and take fresh steps in the proceeding.