Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Completion of association liquidation and refund of mistaken payments

Viru Maakohus · First instance

Apartment association board and managementReorganisation and liquidation

Completion of association liquidation and refund of mistaken payments

Court order · Viru Maakohus · First instance

KORTERIÜHISTU NARVA KOOLIPÕIK · 80180559

Entry into force has not been reverified

Participants and roles: Entity in liquidation — KORTERIÜHISTU NARVA KOOLIPÕIK; Liquidator — XX; Former board member and records custodian — XX

How it started · editorial summary

The court allowed the liquidator to use the association’s account to refund mistaken payments, with discharge after the payments. The bank had terminated the liquidator’s access after the association’s removal from the register.

The dispute and the court’s decision

In the liquidation of KORTERIÜHISTU NARVA KOOLIPÕIK, liquidator XX reported that the process was complete and the association had been removed from the commercial register. The court had previously appointed the liquidator and required a completion report. It confirmed removal from the register on 29.10.2018. Members mistakenly transferred maintenance payments to the association’s account. The bank terminated the liquidator’s access, so XX sought specific authority to refund the money. The court considered access necessary for returning those mistaken payments. Proceedings were discontinued because liquidation and removal were complete. XX was authorised to use the account to return members’ money, with discharge from liquidator duties after the payments. There were no reimbursable costs. The act does not establish that refunds actually occurred.

Outcome of this decision

Liquidation proceedings were discontinued. The liquidator was authorised to use the association’s account for refunds of mistaken payments and is to be discharged after making them. Actual refunds were not established. There were no reimbursable costs.
Translation of an anonymised, abridged excerpt from Estonian
Determine that there are no reimbursable procedural costs in the case.