Blackbird First Mortgage Corporation Pty Ltd v Cam Engineering & Construction Pty Ltd (No 2) [2026] NSWSC 995 — Costs And Further Orders — Barrister AI
Blackbird First Mortgage Corporation Pty Ltd v Cam Engineering & Construction Pty Ltd (No 2)
POSSESSION — costs and further orders — no issue of principle
Quick Take
1Where a plaintiff succeeds in obtaining the substantive relief sought, costs follow the event under UCPR r 42.21 notwithstanding that the plaintiff failed on discrete issues or recovered less than claimed, unless those issues were sufficiently dominant or separable to warrant departure.
2A short stay of possession orders may be granted on hardship grounds where the property is the defendants' long-term home and a brief period is needed to relocate, even where evidence of refinancing prospects is scant, applying the principles in GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889.
