Key legal question
Whether the refusal to reimburse legal fees not documented was arbitrary or a denial of justice.
Extracted holding
The cantonal court could require the applicant to substantiate and document his defense costs; it was not arbitrary to refuse reimbursement where no concrete proof or sufficient indications were provided.
Extracted reasoning
Art. 42(2) CO only eases proof of damage; it does not allow an unsubstantiated discretionary award. The applicant failed to indicate the work done by counsel or supply enough detail for the court to estimate the costs, and the inquisitorial principle did not relieve him of his duty to cooperate.