Key legal question
Whether the cantonal court's non-entry on the nullity complaint for lack of irreparable harm was arbitrary and amounted to a denial of justice.
Extracted holding
No. The cantonal court's view that the evidence order remained reviewable in the main proceedings was not arbitrary, so no irreparable harm was shown.
Extracted reasoning
Art. 128 and 135 ZPO/NW allow later judicial review and supplementation of evidence orders; the wording and reasoning of the evidence order showed only a provisional limitation, so the appellant could still seek additional evidence and contest admissibility later.