New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 120

120 Other rights and remedies not affected

(1) Nothing in this Act detracts from any rights or remedies that--

(a) an association, or

(b) a strata corporation, or

(c) the proprietor, mortgagee or covenant chargee of a development lot or a neighbourhood lot, or

(d) the proprietor, mortgagee or covenant chargee of a strata lot,

may have in relation to any such lot, or any association property or common property, apart from this Act and the Strata Schemes Development Act 2015 and the Strata Schemes Management Act 2015 .

(2) In any proceedings to enforce a right or remedy preserved by subsection (1), the Court must, if of the opinion referred to in subsection (3), order the plaintiff to pay the costs of the defendant as determined by the Court.

(3) Subsection (2) applies only if the Court is of the opinion that, having regard to the subject-matter of the proceedings and the circumstances of the case, the taking of the proceedings was not justified because this Act, or the Strata Schemes Management Act 2015 , makes adequate provision for enforcement of the rights and remedies.