JOVANOV v FRANKLINS SELF-SERVICE PTY LTD [1991] NSWCA 163

JOVANOV v FRANKLINS SELF-SERVICE PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

MAHONEY JA 21 October 1991

[1991] NSWCA 163

Mahoney JA This is an application which comes before the Court in respect of a Notice of Appeal filed in or about July of 1990. It appears that little, if anything, has been done to prosecute the appeal.

When the application came before the Court, the applicant company sought to file two affidavits but it appeared the affidavits have not been served upon the appellant, Mrs Jovanov. Mrs Jovanov appeared in person and with the assistance of an interpreter whose name I understand is Radka Alexandrova. She has had the assistance of the interpreter at the Bar table.

I have asked her whether she objects to the appeal being struck out. She has said in effect that she has no money and is not able to pursue the appeal and has no objection to the appeal being struck out. I have ascertained through the interpreter that she understands that this means that the appeal will be brought to an end.

In those circumstances and in order to avoid the further costs of adjourning the matter so that the affidavits can be served upon her and then the matter dealt with on the basis of the affidavits, I have taken the course that I have.

In the circumstances therefore I am satisfied that the proper order is that the appeal be struck out for want of prosecution. I would normally, in the circumstances of this case, make an order for costs. The normal order would be that Mrs Jovanov pay the costs of this application. But in the circumstances, the company does not Dress for that order and I do not make any such order.