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Puškini tn 51: waiver accepted after payment of debt, with costs awarded separately

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Puškini tn 51: waiver accepted after payment of debt, with costs awarded separately

Ruling · Viru Maakohus · First instance

KÜ Puškini tn 51 · 80189448

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Puškini tn 51; Defendant — XX

How it started · editorial summary

Proceedings were terminated following acceptance of waiver after payment; XX must pay a further 525 euros in costs.

The dispute and the court’s decision

The apartment association Puškini tn 51 brought a debt and late-payment interest claim against XX. On 21 February 2017, the association reported payment of the debt and asked the court to accept waiver of the claim, terminate the case and award 525 euros in costs. The court accepted the waiver and terminated the proceedings. Because the defendant satisfied the claim only after it was filed, costs were allocated to the defendant. The association was awarded a combined 525 euros in state fees and legal assistance against XX; the act contains no breakdown between those types of costs. The defendant submitted no objections to the list of costs. The court explained that, after termination, the association cannot bring a claim against the same defendant with the same subject matter and grounds again. The ruling was ordered to be served publicly through Ametlikud Teadaanded; service is deemed to occur 15 days after publication of the extract. The act does not confirm that this publication actually took place.

Outcome of this decision

Accept the association’s waiver of the claim and terminate the case. Award the association 525 euros in costs against XX. Order public service of the ruling.
Translation of an anonymised, abridged excerpt from Estonian
1. Accept KÜ Puškini tn 51’s waiver of the claim.