Key legal question
Whether the Zurich High Court acted arbitrarily by not setting a cure period before refusing to enter into an abusive filing.
Extracted holding
No. Given the repeated prior abusive submissions and prior warning, the appellant had forfeited the right to a cure period under cantonal procedure.
Extracted reasoning
Although § 131(2) GVG/ZH generally requires a cure period for defective filings, the provision is aimed at parties acting in good faith. The repeated, knowing abuse of procedural rights justified immediate non-entry under the prohibition of abuse of rights.