New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 213

213 Other rights and remedies not affected by this Act

(1) Nothing in this Act derogates from any rights or remedies that any of the following persons may have in relation to a lot, association property or common property apart from this Act, the Strata Schemes Management Act 2015 or the Strata Schemes Development Act 2015 --

(a) an association or a strata corporation,

(b) the owner, mortgagee or covenant chargee of a development lot, a neighbourhood lot or a strata lot.

(2) In proceedings to enforce any such right or remedy, the court in which the proceedings are taken must order the plaintiff to pay the defendant's costs if the court is of the opinion that, having regard to the subject-matter of the proceedings, the taking of the proceedings was not justified because this Act or the Strata Schemes Management Act 2015 makes adequate provision for the enforcement of those rights or remedies.

(3) The defendant's costs are to be as determined by the court.