Key legal question
Whether procedural costs could be allocated contrary to the outcome because the plaintiff caused unnecessary prolixity.
Extracted holding
Yes. Costs caused after the defendants had acknowledged two-thirds of the claim were unnecessarily generated by the plaintiff's insistence on proving the remaining third.
Extracted reasoning
Under § 101(2)(a) ZPO, the normal proportional allocation may be departed from if costs were increased by unnecessary prolixity. The plaintiff could have withdrawn the unrecognized one-third after the answer and achieved the same practical result without further evidence; instead, he pursued proof and thereby caused the later evidence and hearing costs.