Facts
The appellant [X.] and the respondent [Y.] were involved in a debt enforcement procedure pending before the Debt Enforcement Office of St. Gallen. The respondent had filed a debt enforcement application for the amount of CHF 554'014.55 (plus interest) against the appellant on 22 April 2009. The appellant lodged an objection and claimed that he was mainly resident in Germany. The Cantonal Court of St. Gallen, as the higher cantonal supervisory authority for debt enforcement and bankruptcy, dismissed the appellant's appeal on 25 March 2010.
The appellant requested the Federal Court to overturn the cantonal court's decision and, by implication, to overturn the debt enforcement procedure. He also requested a stay of proceedings. The President of the Division of the Federal Court granted the appeal a suspensive effect.
Considerations
The Federal Court examined whether the challenged decision was a final decision by the last cantonal instance. It found that the appellant had submitted his supplementary statements after the expiry of the 10-day time limit for appeals and that these could not be taken into account.
The Court pointed out that the appellant had introduced new facts and evidence that could not be taken into account, as the appellant had had the opportunity to present them before the Cantonal Court. It stated that the debtor is to be enforced at his place of residence and that the debt enforcement office does not have the task of finding the debtor's place of residence.
The Federal Court found that the appellant had failed to substantively address the Cantonal Court's…