Draoui v Le

The appellant, Mr Draoui, appealed the dismissal of his earlier appeal by Bleby J. Mr Draoui also sought leave to appeal to the extent necessary and made an application to adduce further evidence regarding his ability to pay security for costs that had been ordered. The underlying dispute concerned claims for damages for personal injury and loss arising from three motor vehicle accidents.

The legal issues before the court included whether the dismissal of Mr Draoui's appeal by Bleby J was appropriate, particularly in light of the rules concerning the time for providing security for costs. The court was also required to determine whether to grant leave to appeal, whether to admit further evidence regarding Mr Draoui's financial capacity to meet the security for costs order, and whether to reinstate his appeal.

The court considered Mr Draoui's application to adduce further evidence, which included an affidavit detailing his subsequent ability to raise the $20,000 security for costs from a business acquaintance, supported by a letter from that acquaintance. However, the court found that the history of the matter and the diminishing prospects of Mr Draoui raising the necessary security led it to have little confidence in his ability to do so. The court reasoned that granting an adjournment to allow for further evidence would unfairly burden the respondents and that it was not prepared to accede to such a request.

Ultimately, the court dismissed Mr Draoui's appeal against the decision of Bleby J. The court was not satisfied that Mr Draoui had any reasonable prospect of raising the necessary security for costs, given the history of the proceedings and the apparently diminishing prospects of him doing so.