Uusküla 11: application against company refused after defects remained unremedied

After the company’s objection, the association had to formalise a claim and pay an additional fee, but did not comply with the court’s requirement.

The court refused to accept the application by the apartment association NARVA UUSKÜLA 11 against OÜ BRISK GRUPP into ordinary civil proceedings. The association did not provide proper grounds for its demand or pay the additional court fee within the time limit. Whether the company owed a debt was not decided on the merits. The association initially applied for a payment order on 1 December 2016. After the payment proposal, the company objected to the claim. Payment order proceedings ended and the papers were referred to Viru Maakohus to continue as an ordinary civil claim. On 4 January 2017, the court required the association, within 14 days of service of the ruling, to format and substantiate its demand under the rules for a statement of claim and pay the additional court fee. The association received the ruling on 6 January, but neither documents nor additional payment arrived in time. This was the basis for refusing to accept the application. Litigation costs were left with the association. The ruling gives no claim amount, additional fee amount or specific costs figure.

Refuse to accept the association’s application against OÜ BRISK GRUPP into ordinary civil proceedings. The association bears costs; the debt was not considered on its merits.