Key legal question
Whether refusing a new hearing for late, not-yet-produced evidence violated the appellant's right to be heard.
Extracted holding
No. In summary protective-measures proceedings, the court may refuse further instruction and a new hearing where the proposed evidence is late and uncertain, and the procedure must remain rapid.
Extracted reasoning
The court held that measures protectrices are summary proceedings with limited evidence-taking and only limited res judicata; under cantonal procedure the appeal is immediately set down for hearing. Given that the parties had already been heard and the documents were still unavailable, the cantonal court could refuse to delay the case further without infringing the right to be heard.