Partington v Newcastle City Council

In Partington v Newcastle City Council, the plaintiff sought an order for the defendant to remove a barricade around a caravan parked on council land, and for access to be provided for the plaintiff to carry out repair and maintenance work on the caravan. The case was heard by the Supreme Court of New South Wales, which was asked to provide interlocutory relief. The plaintiff argued that there was an oral agreement with the council that would allow the plaintiff access to the site during a specified period, and that this agreement provided a prima facie case for the court to grant the relief sought.

The court was required to determine whether the plaintiff had disclosed a prima facie case for relief, and whether the balance of convenience favoured granting the relief. The court found that the plaintiff had not provided a sufficient basis for the court to grant the relief sought. The plaintiff's evidence regarding the alleged oral agreement was not accepted by the court, and no arguable case was made out based on this agreement. The court also found that the balance of convenience did not favour the grant of relief, and therefore the plaintiff's application was dismissed.

The court found that the plaintiff had not demonstrated a sufficient basis for the relief sought, and that the balance of convenience did not favour granting the relief. The application was dismissed with no order as to costs.