(1) Nothing in this
Act derogates from any rights or remedies that a strata company, a proprietor
or mortgagee of a lot, an administrator, a person having an estate or interest
in a lot or an occupier may have in relation to any lot or the common property
apart from this Act.
(2) Where a court in
which any proceedings to enforce any 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 Part VI 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.