Costs awarded to the defendant increased from 333 to 411 euros

The appeal court partly allowed defendant XX’s appeal on costs and awarded the defendant 411 euros against the apartment association Tallinna mnt 21 Narva.

The association had previously brought a debt claim against XX. According to the history described in this act, the claim was dismissed, that dismissal was upheld on appeal and costs were allocated to the association. The defendant then applied for recoverable representation costs of 620 euros. The first award of 333 euros was set aside on procedural grounds and remitted for reconsideration; on 21 April 2014, the county court again awarded 333 euros. The defendant appealed regarding the amount not awarded. In the present ruling, the court found a further 78 euros justified for assistance in preparing the defence: 1,3 hours at 60 euros. The fact that the participant signed the document personally did not rule out work by a representative. The file contained a power of attorney, confirmation from the participant and the representative’s signatures on attachments, which the court considered sufficient. Other disputed costs, including 140 and 60 euros for separate documents, were not accepted: representation at the relevant stage had not been proved, and one document went beyond the explanations permitted. The first-instance ruling was set aside as to the amount, and 411 euros was awarded instead of 333 euros. The association’s argument about maximum rates was rejected by reference to the relevant rules having been declared unconstitutional. The costs of this appeal against the ruling are not reimbursed separately. The underlying debt is not reconsidered in this act.

Set aside the Viru Maakohus ruling of 21 April 2014 as to the amount of costs and order the apartment association Tallinna mnt 21 Narva to pay defendant XX 411 euros. Do not reimburse the costs of the present appeal against the ruling.