Appointment of a board member: application withdrawn and proceedings terminated
Editorial summary
The applicants asked the court to appoint a board member for the association. The court refused to approve their proposed settlement but accepted the two remaining applicants’ withdrawal, set aside earlier orders and terminated proceedings.
Narva linn, Kangelaste prospekt 3 korteriühistu · 80162521
Participants and roles
- Applicants — three individuals XX, one of whom appealed
- Interested participant — Narva linn, Kangelaste prospekt 3 korteriühistu
The dispute and the court’s decision
Three individuals XX sought the appointment of a board member for KÜ Kangelaste 3, now Narva linn, Kangelaste prospekt 3 korteriühistu. Following Viru Maakohus’s order of 25 March 2014 and its appellate review, the participants asked the court to approve an agreement ending the dispute.
The court refused to approve a settlement because, in these non-contentious proceedings, the applicants could not freely dispose of the right forming the subject of the application. The document nevertheless amounted to a withdrawal that could be accepted. The county court had already accepted one applicant’s withdrawal; the circuit court now accepted the other two applicants’ withdrawal.
Proceedings were terminated and the orders of 25 March and 2 September 2014 were set aside. Each participant bears their own costs. The court ordered a refund of 12.50 euros to one applicant, half the fee for the appeal against the order, but refused to refund half the first-instance fees. The agreed appeal deadline was two days from service. Entry into force has not been reverified.
Outcome of this decision
Approval of the settlement was refused, but the two remaining applicants’ withdrawal was accepted and proceedings were terminated. Earlier orders were set aside; each participant bears their own costs, and a refund of 12.50 euros of the appeal fee was ordered.