Kernrechtsfrage
Whether the claimant could rely on the first-instance legal remedy instruction for the costs appeal and obtain restoration of the time limit for a denial-of-justice complaint.
Extrahierter Entscheid
The claimant was entitled to rely on the defective instruction; the cantonal court should not have refused restoration of the time limit on the ground invoked.
Extrahierte Begründung
The instruction, read with Art. 224 ZPO/SG, objectively suggested that appeal was the correct remedy even for the costs issue. The lawyer was not required to research cantonal case law beyond the statute, and the defect was not apparent from the law alone.