Questão jurídica principal
How to determine the amount in dispute for federal appeal when the respondent contests the appellant's statement?
Decisão extraída
The Federal Court determines the amount in dispute at its own discretion; the enforcement office valuation is not binding, but the appellant is bound by the value he stated in first instance.
Fundamentação extraída
Because the respondent disputed the appellant's allegation, the court had to assess the amount freely under Art. 53(3) OG. The enforcement office valuation could not be adopted as decisive, yet the appellant's earlier first-instance valuation of CHF 2,500-3,000 was binding. Using the office valuation only as an objective reference, the court found that the threshold of CHF 4,000 was not reached.