FRUGTNIET v THE ATTORNEY GENERAL OF NSW [1997] NSWCA 118

FRUGTNIET v THE ATTORNEY GENERAL OF NSW SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA 20 May 1997

[1997] NSWCA 118

Meagher JA. The applicant is a Mr Frugtniet who is seeking a stay of proceedings or, more appropriately, an extension to the stay of proceedings from a judgment of this Court which was heard on 14 February 1997 and was given on 13 May 1997. He is in custody in a New South Wales gaol on a charge to do with the forging of financial documents. He was given a sentence, the terms of which will enable him to be released as of right on 20 July 1997.

Simultaneously, he has to face criminal charges in relation to similar matters in Victoria. The Victorian proceedings are not yet ready to proceed though they are almost ready to proceed. In those proceedings his wife is a co-accused. If the prosecution in Victoria were told to proceed as soon as possible I take it that the case would proceed within a few weeks. The litigation in Victoria has already been the subject of certain interlocutory and case management proceedings before Mr Justice Smith.

The Victorian authorities sought an order under the Prisoners Interstate Transfer Act (1982), that Mr Frugtniet could be transferred from Sydney to Melbourne. That application was heard twelve months ago by a magistrate and an order was made.

An appeal was made in August last year to her Honour Justice Simpson, who dismissed the appeal. A further appeal from her Honour's judgment to this Court was heard and dismissed on 13 May this year.

Mr Frugtniet now wishes to protract further the already protracted litigation by conducting a special leave application to the High Court. He has already started that procedure. One can have no assurance that that application will be prosecuted with any diligence. At least one other application has been presented to the High Court and not prosecuted with any diligence at all. It is in these circumstances Mr Frugtniet seeks a stay of proceedings until after this lastest special leave application has been determined.