Reduced representative costs in a document-disclosure dispute
Editorial summary
Following a document-disclosure dispute, both parties challenged the costs payable to the association. The circuit court reduced the award from 280.82 to 220.49 euros: one adviser's costs were not recoverable, while the other representative's established costs were retained.
Narva linn, Kangelaste prospekt 19 korteriühistu · 80021192
Usaldusühing Pariteet-MW · 10758057
Participants and roles
- Claimant in the main case and one of the appellants — Usaldusühing Pariteet-MW
- Defendant in the main case, recipient of the costs award and other appellant — Narva linn, Kangelaste prospekt 19 korteriühistu
The dispute and the court’s decision
After proceedings brought by Usaldusühing Pariteet-MW seeking disclosure of documents, Kangelaste 19 Korteriühistu, now Narva linn, Kangelaste prospekt 19 korteriühistu, sought reimbursement of legal costs. An earlier decision had allocated those costs to the claimant. On 26 July 2011 the county court fixed the association's reimbursement at 280.82 euros.
The association appealed against exclusion of an additional legal-services invoice. Usaldusühing Pariteet-MW sought complete refusal of reimbursement, challenging the representatives' qualifications, the invoices and the rules applied to an adviser's costs.
On 6 February 2012 the circuit court found that a document established the qualification of one representative, XX, whereas the file contained no corresponding documents for the other individual, XX. The latter was treated as an adviser for reimbursement purposes. Costs under that person's two invoices were not recoverable under the procedural rules applied by the court.
The qualified representative's costs were retained: 28.76 euros for preparing written submissions and 191.73 euros for preparation for and attendance at the hearing. Claimed translation costs for procedural documents were excluded. The resulting award to the association was 220.49 euros, payable by Usaldusühing Pariteet-MW. That company's appeal was partly allowed; the association's appeal was dismissed. Costs of determining these appeals were not recoverable. This order did not impose a fresh obligation to disclose documents; payment of the costs award has not been verified.
Outcome of this decision
Usaldusühing Pariteet-MW was ordered to pay the association 220.49 euros in costs instead of 280.82 euros. The association's appeal was dismissed and the company's partly allowed; costs of these appeals were not recoverable.