Costs after a meeting dispute: award of 818.57 euros upheld
Editorial summary
After general meeting decisions were declared void, the association challenged the amount of costs payable to OÜ Rosehill. The circuit court upheld 818.57 euros, finding no basis to interfere with the assessment of the representative’s necessary work.
Narva linn, Kangelaste prospekt 3 korteriühistu · 80162521
OÜ Rosehill · 10972543
Participants and roles
- Defendant in the underlying case and appellant — Narva linn, Kangelaste prospekt 3 korteriühistu
- Claimant in the underlying case and respondent to the appeal — OÜ Rosehill
The dispute and the court’s decision
In the underlying dispute, OÜ Rosehill challenged the general meeting decisions of KÜ Kangelaste 3, now Narva linn, Kangelaste prospekt 3 korteriühistu, of 30 May 2011. According to this order, Viru Maakohus declared the decisions void, meaning without legal effect from the outset, and placed costs on the association. The present proceedings concerned only the monetary amount of recoverable costs.
Of the 1,542 euros sought, the county court awarded the company 818.57 euros: 250 euros in court fees and 568.57 euros in legal assistance costs. The association sought a reduction of the total to 633.25 euros. It argued that some time spent reading court documents and the judgment was unnecessary, including because the company had not appealed the judgment.
The circuit court upheld the order of 2 April 2014. The county court had examined the necessity and reasonableness of the representative’s work; the hourly rate of 105 euros was undisputed and considered reasonable. Assessment of necessary time was a matter of judicial discretion, and the circuit court found no overstepping of that discretion. It therefore did not reassess every task separately.
Costs incurred in this appeal against the order are not recoverable. The order provided for an appeal within 15 days of service of a copy if the value of the appeal exceeded 200 euros. Payment of the awarded costs and entry into force of this order have not been established.
Outcome of this decision
The association’s appeal was dismissed and the order of 2 April 2014 was upheld: the award of 818.57 euros in costs to OÜ Rosehill remained unchanged. Costs of the present appeal are not recoverable.