Questione giuridica chiave
Whether the applicant is entitled to a retroactive waiver of the court costs of CHF 500.
Decisione estratta
The request was denied because the underlying appeal had been found hopeless and a later waiver of procedural costs is excluded in such circumstances; the applicant had also benefited from an unjustified deferral for years.
Motivazione estratta
Under Art. 112 CPC, costs may be deferred or waived for lasting indigence, but post hoc waiver is not available where legal aid was refused for hopelessness. The prior proceedings had repeatedly been assessed as hopeless, and a later case showed lack of indigence and abusive conduct.