Key legal question
Whether the cantonal appeal decision violated the right to reply, fair trial, and good faith by deciding before the appellant could file a response to the respondent's appeal answer.
Extracted holding
Yes. The appellant could in good faith expect a ten-day period to respond; deciding earlier unjustifiably infringed procedural fairness, good faith, and the right to be heard.
Extracted reasoning
The court held that a party must be informed of submissions and allowed to comment. Here the appellant was expressly told she could respond and was referred to Art. 164 CPC/SG, which allowed her to assume she had ten days from receipt. The decision after only a few days was arbitrary and breached Art. 9 BV and Art. 29(2) BV.