Rahu 14: claim to annul auction refused admission after expiry of the time limit

The court considered admissibility of a late claim to annul an auction and related interim protection requests.

The court refused to admit a claim to annul an auction because the limitation period had expired. Claimant XX sought invalidation of a repeat apartment auction and amendment of the land register entry. Named defendants included bailiffs, other organisations and Narva linn, Rahu tn 14 korteriühistu. The claimant alleged improper notice of the auction and requested interim measures. Viru Maakohus refused to admit the claim. The enforcement documents showed service of the auction record no later than 26 February 2018, whereas the claim in this case was filed on 29 October. The challenge period was 30 days. Some defendants invoked limitation. The court also considered that another court had refused to admit an earlier claim with the same requests; in its view, that application did not suspend the period. The court considered the claim legally hopeless due to limitation and ordered return of the application and attachments. It also refused to admit the request to exempt the claimant from the fee because the case had no prospect of success. The claimant’s objection to the court’s actions was rejected: requests for protective measures had repeatedly been left for defects to be remedied with instructions not followed. No interim measures were imposed. Costs were allocated to the claimant. This is a procedural refusal: the auction’s validity and correction of the entry were not determined on the merits.

Refuse to admit the claim and procedural assistance application; return the claim. Reject the objection to the court’s actions and requests for interim measures. The claimant bears costs.