sec.119-oc.2Other rights and remedies not affected by this Act

### sec.119-oc.2 Other rights and remedies not affected by this Act Nothing in this Act derogates from any rights or remedies that the lessor, lessee or mortgagee of a lease of a lot or a body corporate may have in relation to any lot or the common property apart from this Act. (amended) 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 because 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. (amended) Subsection (2) does not apply to the lessor. (amended) The determination or partial determination of a lease by the operation of parts 2 and 3 does not affect any right or remedy that may be exercised otherwise than in relation to a lot or common property by the mortgagee under a mortgage affecting the lease before it was determined or partially determined or by a caveator claiming an estate or interest in that lease. (new) (sec.119-oc.2-ssec.1) Nothing in this Act derogates from any rights or remedies that the lessor, lessee or mortgagee of a lease of a lot or a body corporate may have in relation to any lot or the common property apart from this Act. (amended) (sec.119-oc.2-ssec.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 because 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. (amended) (sec.119-oc.2-ssec.2A) Subsection (2) does not apply to the lessor. (amended) (sec.119-oc.2-ssec.3) The determination or partial determination of a lease by the operation of parts 2 and 3 does not affect any right or remedy that may be exercised otherwise than in relation to a lot or common property by the mortgagee under a mortgage affecting the lease before it was determined or partially determined or by a caveator claiming an estate or interest in that lease. (new)