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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- AGLC
- R v Vadnay [2004] VSCA 47
- Case
- [2004] VSCA 47
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether Vadnay should be granted an extension of time to apply for leave to appeal against his conviction. This required the court to consider the circumstances of the case, Vadnay's reasons for seeking an extension, and the potential impact on the administration of justice if the extension were granted.
The court found that Vadnay had made the right decision to abandon his application for an extension of time based on the papers before the court. The court commended Vadnay for his decision and suggested that he sign the notice of discontinuance and deal with the matter promptly. The court emphasised the importance of the administration of justice and the need to avoid unnecessary delays. The court granted Vadnay leave to discontinue his application for an extension of time to apply for leave to appeal against his conviction.
The final order of the court was that Vadnay have leave to discontinue his application for an extension of time to apply for leave to appeal against his conviction. The court encouraged Vadnay to sign the notice of discontinuance and deal with the matter promptly. The court's decision highlights the importance of timely applications for leave to appeal and the need to avoid unnecessary delays in the administration of justice.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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