Property Bound Pty Ltd v Makhoul

Property Bound Pty Ltd and another sought leave from Dowdy J of the Supreme Court of New South Wales to commence and take fresh steps in proceedings in the Common Law Division of that Court against Mr Makhoul. The applicants' claim concerned a dispute arising from a commercial transaction.

The central legal issue before the Court was whether to grant the applicants leave under section 58(3) of the *Bankruptcy Act 1966* (Cth) to proceed with their legal action against Mr Makhoul, who was a bankrupt.

Dowdy J determined that the relief sought by the applicants was entirely appropriate in the circumstances. The Court granted the application for leave.