Key legal question
Whether the defendant was sufficiently excused for missing the conciliation hearing and could be charged with daily costs under § 85 ZPO.
Extracted holding
The defendant was sufficiently excused because his illness was promptly asserted and medically substantiated; the cost order was therefore unjustified.
Extracted reasoning
Illness is a classic excuse, but it must be timely asserted and duly proven. The peace judge should have assessed the explanation and, if needed, allowed time to file a medical certificate. The appellate court found the certificate credible and saw no reason to doubt that the defendant's condition prevented attendance.