Partial Upholding of the Appeal against the Decision of the High Court of the Canton of Zurich

Facts

[A. AG] (the Appellant) sued [B.] (the Respondent) for damages based on corporate liability. The District Court dismissed the claim, which was confirmed by the High Court. The Appellant appealed against this judgment to the Federal Supreme Court.

The Federal Supreme Court partially upheld the appeal. It set aside the decision of the High Court and remanded the matter of the claim of CHF 77,085.-- to the lower instance for a new assessment. In all other respects, it dismissed the appeal.

Considerations

The Federal Supreme Court concluded that the lower instance had wrongly considered the Appellant's substantiation of the claim of CHF 77,085.-- as insufficient. The Appellant had detailed the individual items that led to this balance, so that a substantiated challenge would have been possible. The Federal Supreme Court obliged the lower instance to first decide whether the Appellant's allegations were sufficiently challenged to conduct an evidentiary procedure.

In all other…