New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 188

188 Costs of proceedings

(1) Unless the court otherwise orders--

(a) the owners corporation must pay the reasonable costs of proceedings for an application for an order to give effect to a strata renewal plan incurred by a dissenting owner, and

(b) the owners corporation must not levy a contribution for a part of the costs of the proceedings on a dissenting owner.

(2) If the court is satisfied a dissenting owner has a conflict of interest that makes it inappropriate, in the court's opinion, for the owners corporation to pay the owner's costs, the court must make an order requiring the owner to pay--

(a) the owner's costs, and

(b) any contribution for a part of the costs of the proceedings levied on the owner.

(3) The court may make a costs order against a dissenting owner if the court considers it appropriate to do so, including if the court considers the owner has not acted in good faith in failing to give, or withdrawing, a support notice.

(4) The court may order that costs be assessed on the ordinary basis or an indemnity basis.

(5) The regulations may prescribe other matters relating to the costs of proceedings for an application for an order to give effect to a strata renewal plan.