Kangelaste 4: reimbursement of court costs reduced from 685 to 535 euros

The costs appeal was partly allowed: 150 euros was excluded and 535 euros remained reimbursable to the association.

XX challenged the amount of costs awarded to the apartment association Kangelaste 4 after losing a dispute over particular clauses of a general meeting decision. The county court had determined costs at 685 euros; the circuit court reduced them to 535 euros and partly allowed the appeal. The dispute over the meeting decision itself was not reconsidered in this ruling. The appellant asked to retain only 220 euros. The appellant disputed the contractual representative’s involvement in preparing the defence, double counting of its preparation and drafting, working time, rates and costs of reviewing the cassation appeal. The association agreed to exclude the cost of the original defence but defended the remaining costs. The court excluded 150 euros for preparing and drafting the response of 2 May 2013: the document did not show that a contractual representative had drafted it, it was signed by the association’s statutory representative, and the association itself agreed to exclude that cost. The court retained the remaining 535 euros. Reviewing the cassation appeal and the Riigikohus decision was part of preparing the document submitted to the circuit court on 7 August 2015, rather than separate payment for a non-existent response to cassation. The work volume, time and rates were found justified given the complexity and duration of the case. The court noted that reasonableness need not be assessed minute by minute for every service, but the overall amount must suit the case. Costs incurred in appealing a costs determination ruling are not reimbursable. The award of 535 euros replaces the earlier 685 euros; actual payment is not confirmed.

Amend the ruling of 15 April 2016 as to the amount of costs. Award the association 535 euros against XX; uphold the remainder. The appeal was partly allowed.