Questão jurídica principal
Whether the first-instance court violated the right to be heard by deciding the claimant's legal-aid request without hearing the opposing party.
Decisão extraída
Yes. When legal aid is sought to cover security for party costs, the opposing party must always be heard before the decision.
Fundamentação extraída
Art. 119(3) ZPO makes hearing of the opposing party mandatory in that situation; the first-instance court admitted it failed to do so, so the defect required reversal and a fresh decision after hearing the other side.