(2) In any proceedings to enforce a
right or remedy preserved by subsection (1), the Court must, if of the opinion
referred to in subsection (3), order the plaintiff to pay the costs of the
defendant as determined by the Court.
(3) Subsection (2) applies only if the
Court is of the opinion that, having regard to the subject-matter of the
proceedings and the circumstances of the case, the taking of the proceedings
was not justified because this Act, or the Strata Schemes Management Act 2015
, makes adequate provision for enforcement of the rights and remedies.