A-A. Tiimanni 4: payment before the hearing did not free association from costs

The service debt was paid before the hearing; the court resolved the remaining costs dispute.

After payment for the service, the court terminated the case and awarded OÜ NBarts Büroo 155 euros in costs against the apartment association A-A. Tiimanni tn 4. OÜ NBarts Büroo had sued Narva linn, A-A. Tiimanni tn 4 korteriühistu for a service costing 155 euros. The association withheld payment, considering that the provider first had to sign a written contract and issue an invoice on that basis. The disputed sum was transferred on the eve of the hearing. At the hearing the claimant waived the claim and sought costs against the association. The defendant argued it had given no cause for litigation. The court accepted the waiver and terminated proceedings because the monetary demand had been satisfied. When allocating costs, the court found that the service had been ordered and provided and a contract could arise through an exchange of declarations without a separately signed text. Requiring a written document did not justify delayed payment. Payment only just before the hearing also caused additional attendance costs. Costs were therefore allocated to the association. However, the court capped compensation at the claim value. The case was not particularly complex or extensive, and the claimant could have ended the dispute earlier by agreeing to document the contract in writing. The association was ordered to pay 155 euros in costs: a 37,50 euro fee and 117,50 euros for a representative’s assistance. This is a separate costs award, not recovery again of the paid service. Refund of an excessive fee and part of the proper fee requires the payer’s application.

Accept waiver and terminate proceedings. Award OÜ NBarts Büroo 155 euros in court costs against the association.