Association documents obtained, but costs after withdrawal placed on the claimant
Editorial summary
After the claimant XX waived the documents demand, the association appealed only the allocation of litigation costs to it. The appeal court retained termination but awarded the association costs against XX and exempted XX from the fee payable to the state.
Narva linn, Pähklimäe tn 7 korteriühistu · 80183693
Participants and roles
- Defendant and appellant — Narva linn, Pähklimäe tn 7 korteriühistu
- Claimant — XX
The dispute and the court’s decision
The claimant XX sought information and documents about building loans, repairs and insurance from KÜ Pähklimäe 7/11, now Narva linn, Pähklimäe tn 7 korteriühistu. Inspection was agreed during proceedings, copies were provided and the claimant withdrew the claim. The county court terminated proceedings and placed costs on the association. The association appealed costs alone.
The circuit court found that, before the claim, the association had already offered inspection where the documents were held and an opportunity to arrange a convenient time. Neither the provision applied nor the articles gave the claimant an independent right to demand copies. Later provision of copies therefore did not constitute admission or satisfaction of the claim for the costs rule governing withdrawal.
Termination of proceedings remained in place, but costs were allocated to the claimant. The association was awarded 291.54 euros: 280 euros for legal assistance and 11.54 euros for copies. Its claimed translation costs were not awarded. The claimant was exempted from paying a 300-euro court fee to the state. Costs of this appeal against the order are not recoverable.
Outcome of this decision
Only costs were reversed: XX was ordered to pay 291.54 euros to the association and exempted from the 300-euro fee payable to the state. Termination following withdrawal remained in place; costs of this appeal are not recoverable.