Partington v Newcastle City Council [2014] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: Partington v Newcastle City Council [2014] NSWSC 352 Hearing dates: 26/02/2014 Decision date: 26 February 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Interlocutory relief as sought in orders 1, 2 and 3 of the summons filed 24 February 2014 is refused. (2) Mr Partington to pay the defendant's costs of today. Catchwords: PROCEDURE - civil - interlocutory relief; application for - relief sought for council to remove barricade erected around a caravan and for access to be provided to plaintiff to effect repair and maintenance work on caravan - no prima facie basis disclosed by plaintiff for relief - no arguable case based on purported oral agreement for plaintiff to have access to park to undertake repairs and removal of caravan during specified period - balance of convenience does not favour grant of relief. Legislation Cited: Impounding Act 1993 (NSW) Inclosed Lands Protection Act 1901 (NSW) Category: Procedural and other rulings Parties: Ricky Partington (P) Newcastle City Council (D) Representation: Counsel: In person (P) E Holmes (D) File Number(s): 2014/57910

EX TEMPORE Judgment 1This is an application by Mr Ricky Partington for interlocutory relief. 2Mr Partington first appeared before the Court on 24 February 2014 ex parte and sought urgent relief. On that day, I declined to grant any urgent relief but granted leave to Mr Partington to file a summons and affidavit and to have the summons and affidavit returnable before the Court today at 2pm providing that the summons and affidavit were served promptly, by identified times. 3The matter has returned to the Court today at 2pm where Mr Partington was in attendance via the telephone and Ms Holmes, a solicitor, attended on behalf of the defendant, the Newcastle City Council. Mr Partington intended to attend today in person but, because of some unforeseen events entirely beyond his control, he was unable to do so. It is for that reason the Court has permitted the hearing to be conducted with Mr Partington on the telephone. 4Whilst it is undesirable that interlocutory relief is dealt with when parties are not personally present, in the particular circumstances of this case that is unavoidable.