Draoui v Le, Then & Cock

The matter of Draoui v Le, Then & Cock concerns an application for an adjournment of the trial, which was brought before the court by the defendants. The plaintiff, Draoui, sought to have the trial adjourned due to his lack of funding and legal representation. The defendants opposed the adjournment, arguing that the plaintiff had ample time and resources to prepare for the trial. The court was required to decide whether the plaintiff's application for an adjournment should be granted, considering the evidence of his financial situation and efforts to secure legal representation.

The court examined the plaintiff's affidavit and the evidence provided by his previous solicitors, Tindall Gask Bentley, which indicated that the plaintiff had access to all necessary materials for the trial since the matter was listed for the third time on 7 May 2018. Despite the plaintiff's claim that he is on a pension of $550 per fortnight and has no funds to instruct solicitors until he sells a house in Amman, Jordan, the court found no evidence to substantiate his claim of property ownership or his efforts to sell it. The court also considered the plaintiff's history of making false claims about his assets, including a house in Jordan, which was highlighted in previous court proceedings dating back to 1994.

After weighing the evidence and the plaintiff's history of making false claims about his financial situation, the court concluded that the plaintiff had not taken any steps to secure funding or legal representation since at least 8 May 2015 and 24 April 2017, respectively. The court rejected the plaintiff's application for an adjournment, finding that he had ample time to prepare for the trial and had not acted diligently in securing the necessary resources. The court's decision was based on the lack of credible evidence of the plaintiff's financial situation and his history of making false claims about his assets.

In light of the above, the court dismissed the plaintiff's application for an adjournment and ordered the trial to proceed as scheduled.