R v Vadnay

[2004] VSCA 47

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 166 of 2003

THE QUEEN

v.

RICHARD KIRALY VADNAY

APPLICATION FOR EXTENSION OF TIME

FOR APPLYING FOR LEAVE TO APPEAL

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JUDGES:	BATT, J.A. and SMITH and O'BRYAN, A.JJ.A.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	25 March 2004
DATE OF ORDER:	25 March 2004
MEDIUM NEUTRAL CITATION:	[2004] VSCA 47

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr T. Gyorffy	K. Robertson, Solicitor for Public Prosecutions
For the Applicant	In Person

BATT, J.A. (for the Court):

1  The Court has spent some time in discussing with Mr Vadnay what he wishes to do about his application for extension of time within which to lodge Notice of Appeal which is listed before the Court today.  In the end he said that he would seek "abandonment".  It may be that I put that word back to him, but we treat it as meaning to seek leave to discontinue, and I think Mr Vadnay is indicating his agreement with that.

2  We will make an Order that that the applicant have leave to discontinue his application for extension of time within which the file a notice of application for leave to appeal against conviction, that first mentioned application having been filed on 18 June 2003, and that is the Order the Court will make, Mr Vadnay.

3  I think I can say that we think that you have made the right decision based on the papers that we have seen at the moment.  It is only on the written material.

4  Just before we finish, Mr Gyorffy, is there anything you wish to say?

MR GYORFFY:

5  No, Your Honour.

BATT, J.A.:

6  Thank you.  Mr Vadnay, one other matter, the Registrar who is at the far end of the row, and whom you may already know, we strongly suggest you see him this morning, or one of his staff, sign the notice of discontinuance, and deal with the whole matter this morning.  Thank you, very much.

APPLICANT:

7  Thank you for your time, Your Honours.

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