Body Corporate and Community Management Act 1997
sec.81QCourt proceedings and costs
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sec.81Q Court proceedings and costs
If an application is made under section 81N (4) (a) the applicant has the onus of proving that it is just and equitable to implement the termination plan. However, if an application is made other than under section 81N (4) (a) , the body corporate— must pay the reasonable costs incurred in the proceeding; and has the onus of proving that it is just and equitable to implement the termination plan. s 81Q ins 2023 No. 29 s 7 (sec.81Q-ssec.1) If an application is made under section 81N (4) (a) the applicant has the onus of proving that it is just and equitable to implement the termination plan. (sec.81Q-ssec.2) However, if an application is made other than under section 81N (4) (a) , the body corporate— must pay the reasonable costs incurred in the proceeding; and has the onus of proving that it is just and equitable to implement the termination plan.
- (a) must pay the reasonable costs incurred in the proceeding; and
- (b) has the onus of proving that it is just and equitable to implement the termination plan.