Key legal question
Whether the deadline for filing an objection to the payment order should be restored under Art. 33(4) SchKG
Extracted holding
The appeal did not show any reviewable ground demonstrating an unexcused obstacle; the refusal of restoration stands.
Extracted reasoning
The Federal Court was bound by the factual findings and would not consider new allegations or evidence. The appellant merely disputed the lower court’s appraisal of the medical certificate and raised new factual assertions that were inadmissible. The record did not show a breach of federal evidentiary rules or an obvious error.