Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 119

119 Other rights and remedies not affected by this Act

(1) Nothing in this Act derogates from any rights or remedies that a proprietor or mortgagee of a lot or a body corporate may have in relation to any lot or the common property apart from this Act.

(2) Where the Court in which any proceedings to enforce any rights or remedies referred to in subsection (1) 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 part 5 makes adequate provision for the enforcement of those rights or remedies, the Court shall order the plaintiff to pay the defendant’s costs in such amount as may be determined by the Court.