Question juridique clé
Whether the Court of Appeal arbitrarily assessed the evidence when it treated the rentability of client mandates as equal to the average return of managed assets.
Solution extraite
No. The company failed to prove a lower specific return, and the appellate court could rely on a factual presumption that the specific return matched the admitted average return.
Motifs extraits
The only discussed production showed a total value of CHF 35.1 million in client mandates. The respondent had no direct way to prove the specific return, while the company had several opportunities to produce the missing data and did not do so.