Western Australian Current Acts Western Australian Current Acts (1) Nothing in this
Act derogates from rights or remedies that a strata company, an owner or
mortgagee of a lot, an administrator, a person having an estate or interest in
a lot or, an owner of a leasehold scheme or an occupier may have in relation
to a lot or the common property apart from this Act.
(2) If a court in
which proceedings to enforce rights or remedies referred to in subsection (1)
are instituted is of the opinion that, having regard to the subject-matter of
the proceedings, the taking of the proceedings was not, in the circumstances
of the case, warranted by reason that proceedings under this Act make adequate
provision for the enforcement of those rights or remedies, the court must
order the plaintiff to pay the defendant’s costs in such amount as may
be determined by the court.
[Section 211, formerly section 122, amended,
renumbered as section 211 and relocated: No. 30 of 2018 s. 71 and 84.]