Costs dispute ended by agreement; earlier rulings set aside

The court set aside two rulings determining costs in a dispute with the apartment association Kangelaste 3. The claimants withdrew their costs application, and each party retained its own costs.

The original dispute between OÜ Rosehill and claimant XX on one side and the association on the other concerned meeting decisions. According to the history in this act, the claims had previously been granted by default judgment, and reasons were later added to that judgment; the subsequent dispute concerned the amount of costs to be reimbursed. The claimants sought 1 551,64 euros: 255,64 euros in state fees and 1 296 euros for legal assistance. On 28 April 2014, the county court awarded 974,92 euros. Following the association’s appeal, the appeal court reduced the amount to 867,03 euros on 22 August 2014. On 9 September, the parties submitted an agreement under which the claimants withdrew their application to determine costs and the association supported the withdrawal. Each participant was to bear its own costs, with no remaining mutual costs claims in this case. The court found the agreement lawful and enforceable, approved it and terminated the costs determination proceedings. It also set aside both rulings mentioned above. This act did not set aside the earlier judgment on the meeting dispute. The previously determined 974,92 and 867,03 euros are not new awards under the agreement.

Set aside the rulings of 28 April 2014 and 22 August 2014. Approve the claimants’ withdrawal of their application to determine costs and the term requiring the parties to bear their own costs; terminate these proceedings.