KÜ Kangelaste 3: the four defendants’ costs award remained unchanged

After the association withdrew its claims against four defendants, the parties disputed their representation costs. The circuit court maintained the amount fixed by the county court.

KÜ Kangelaste 3 brought debt claims against several defendants. It then withdrew its claims against four of them, and those claims were left unexamined on 31 August 2012. Their costs were allocated to the association. The county court later determined recoverable representation costs of 599.98 euros. The association sought a reduction, disputing the initial consultation, the representative’s authority and the amount of work. It also argued for splitting the common representative’s costs equally between one defendant and the other four. The circuit court found no reason to interfere with the county court’s assessment. The relevant authority existed at the consultation; later notification to the court did not make the expense unjustified. The claims against different defendants rested on different legal grounds, so all the assistance could not be treated as overlapping. The representative had to be ready to protect the four defendants throughout the hearing. The hearing record did not support the allegation that an adjournment resulted from the representative being unprepared: the parties were given time to examine new evidence. The costs order and the 599.98-euro award remained unchanged. The association’s appeal was dismissed and the parties bore their own appeal costs. This order did not determine the remaining underlying claim.

The county court order of 11 September 2013 remained unchanged and the association’s appeal against it was dismissed. The four defendants’ costs award of 599.98 euros against the association was maintained. Each participant bore their own appeal costs.