Key legal question
Whether the party compensation order violated the appellant's right to be heard because it could not comment on the value of the dispute and the opposing party's cost note.
Extracted holding
No. The appellant had to state the dispute value at the outset and again after the respondent addressed it; no further hearing was required before fixing party compensation.
Extracted reasoning
The court held that the right to be heard is defined first by cantonal procedure and, absent a broader cantonal protection, by Art. 29(2) BV. The appellant itself bore the procedural duty to indicate the dispute value under cantonal rules. Its vague statement that the value exceeded CHF 8,000 was insufficient for cost assessment. Moreover, the respondent's submissions on the dispute value gave the appellant ample opportunity to respond, which it did only inadequately. There was also no legal basis or need to hear the appellant about the respondent's cost note after the written submissions ended.