Illawarra Golf Club Pty Ltd v Integral Energy Australia

The Illawarra Golf Club sought an injunction for the restoration of power that had been disconnected by Integral Energy Australia. The golf club’s power pole was damaged by a truck, and the energy provider disconnected the power for safety reasons. The golf club was required to repair the pole but claimed the disconnection of power prevented it from operating its business and caused significant financial loss. The energy provider refused to reconnect the power until the pole was repaired, leading to the golf club’s application for a mandatory order to restore power.
The court had to decide whether the balance of convenience favoured the restoration of power. The court also had to determine whether the evidence at the interlocutory stage was adequate to establish the existence or the nature of the issues to be tried. The court had to consider whether the balance of convenience favoured the applicant and whether the applicant had made out a prima facie case for the relief sought.

The court held that the evidence was inadequate to establish the existence or nature of the issues to be tried. The court also held that the balance of convenience favoured the respondent, as the applicant had not established the urgent need for the restoration of power. The court found that the applicant had not demonstrated that it would suffer irreparable harm if the injunction was not granted. The court found that the applicant had not made out a prima facie case for the relief sought.

The court dismissed the application and made no orders for costs.