253Other rights and remedies not affected by this Act

#### 253 Other rights and remedies not affected by this Act 253 Other rights and remedies not affected by this Act > > (1) Nothing in this Act derogates from any rights or remedies that an owner, mortgagee or chargee of a lot in a strata scheme or an owners corporation or covenant chargee may have in relation to any lot or common property apart from this Act. > > > (2) In any proceedings to enforce any such right or remedy, the court in which the proceedings are taken must order the plaintiff to pay the defendant’s costs if the court is of the opinion that, having regard to the subject-matter of the proceedings, the taking of the proceedings was not justified because this Act or the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007) makes adequate provision for the enforcement of those rights or remedies. > > > (3) The defendant’s costs are to be as determined by the court. > > **s 253:** Am 2021 No 7, Sch 4.21\[1\].