Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 94C

94C Order for costs

(1) This section applies if—

(a) for an application for an order under this part, a referee makes an order under section 75 (4) for the reason that it appears to the referee that the application is frivolous, vexatious, misconceived or without substance; and

(b) no prescribed deposit accompanied the application.

(2) The referee—

(a) may order costs against the applicant to compensate all or any of the following for loss resulting from the application—

(i) the respondent to the application;

(ii) the body corporate;

(iii) an affected person for the application; and

Example of loss for paragraph (a)—

legal expenses reasonably incurred by the person in relation to the application

(b) in ordering the costs, may have regard to previous applications for orders under this part made by the applicant.

(3) The total amount of costs ordered under subsection (2) must not be more than $2,000.

(4) In this section—

"affected person" , for an application for an order under this part, means a person, other than a party to the application, who would be directly and materially affected by the order sought by the application.