Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 111

November 16, 2025
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Plaintiff 5, who moved the place of the Junger hearing, claimed that Almali was the purchaser of the land that is the subject of the lawsuit, and would have invested in the purchase of other private land "specifically in Ashkelon" (p.  160 of Prov.  S.  33; ibid., s.  13-17), and "I am speaking specifically about Ashkelon, about which there was talk" (ibid., p.  166, s.  26; Ibid., p.  204, s.  10).  However, as will be explained below, in the expert opinion on behalf of the plaintiffs, he made comparison transactions with respect to private agricultural lands in the Gan Yavne local council and not in the city of Ashkelon (p.  13 of the expert's opinion; the opinion was attached as Appendix 10 to the amended statement of claim).  So yes.  While Junger claimed that he would have purchased private agricultural land "specifically in Ashkelon", the expert on his behalf did not make the calculation of the damage in relation to alternative private lands in Ashkelon, but rather to a completely different locality, the Gan Yavne Local Council (at p.  11 of the opinion, the expert did indeed refer to other lands in Ashkelon, but not to private lands as an article in which Junger's discussion was transferred, but to lands leased from the Administration).  Moving the venue of the hearing, Junger erroneously believed that the opinion he submitted together with his friends related to private land in Ashkelon (p.  160, paras.  9-17), and therefore his answer was appropriate to the fact that in real time he would have purchased another private land in Ashkelon.  One must restrict the way he walks.

Plaintiff 6, Mr. Benya Zidon, claimed in his interrogation that the plaintiffs claimed "the loss of something alternative that could have been" (p.  1243, paras.  25-26).  He said, "I'm giving an example.  In those very years, in those very years, I also built six houses, I also bought houses in Sderot.  I made a good profit on everything..." (p.  1244, s.  22-24).  Mr. Sidon therefore sought to give an "example", but this does not necessarily represent what he would have done in real time.  In any event, if Mr. Sidon testifies that he would have invested the money in which he purchased the land that is the subject of the lawsuit in the purchase or construction of an apartment in the city of Sderot, he did not bring evidence in relation to the apartments that he claimed he purchased in Sderot "in those very years", including the returns he yielded, to the extent that he yielded it.  Instead, Mr. Sidon relied on the expert on his behalf who reviewed alternative investments that Mr. Sidon did not claim to have invested in at the time, in another part of the country.

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