Defamation Case: Cost Indemnity for Futile Conciliation Appearance

In a defamation case, a party who failed to appear at the conciliation hearing before the Justice of the Peace without sufficient excuse was ordered to pay the costs, including a party cost indemnity of CHF 1,230 to the appearing opposing party. The appellate court partially upheld the appeal, reasoning that the cost indemnity under the relevant procedural code provision compensates the appearing party only for necessary and direct costs incurred due to the futile appearance at the conciliation hearing aimed at a settlement, meaning that preparatory legal work such as file review or client meetings prior to the hearing is not covered by this specific indemnity but rather constitutes general party expenses to be regulated separately in the main proceedings.