"The petition should also be dismissed on the grounds that the petitioners have an alternative remedy: as I recently had the opportunity to note, a registrar's decision to delete an appeal due to a delay in filing it is, in my view, a 'different decision' and not a 'judgment' [...]. Therefore, in accordance with section 96(b) [of the Courts Law], the way to appeal a decision of a registrar that deletes an appeal due to delay in filing it is by filing an appeal to the court in which he serves as a registrar, and a decision in such an appeal may be appealed to this court" (ibid., at paragraph 6).
- Accordingly, the Applicants filed an application for leave to appeal the judgment of the District Court to this Court (Civil Appeal Authority 46005-02-25; Vice President Sohlberg, Justice D. Mintz, and Justice G. Kanfi-Steinitz). Following agreements reached by the parties in the same proceeding, the requested leave to appeal was granted, the appeal was granted, and the case was returned to the District Court's decision. This meant that the case was returned for the purpose of holding a hearing on its merits on the Applicants' arguments in the appeal against the Registrar's decision to reject the appeal (which was filed against the Magistrate's Court's judgment), due to the delay in filing it.
- On June 11, 2025, the judgment of the District Court (Judge Bar-Asher) was rendered, on which the application for leave to appeal before me revolted. The District Court heard the appeal and dismissed it on its merits, without addressing the respondent's response. This was based on two reasons: First, the District Court ruled that Applicant 2's claim that the days of the appeal should be counted from the date of filing the motion to cancel the judgment or the date the application for reconsideration was filed, was erroneous: once Applicant 2 became aware of the judgment against him in the Magistrate's Court, on May 4, 2023 at the latest, he should have filed an appeal against the judgment by July 3, 2023, And he didn't. Second, the District Court ruled that the appeal against the Magistrate's Court's decision to reject the Applicants' request to annul the judgment was filed as an appeal by right, and not as an appeal to the Authority, and that too there was an error. Finally, the District Court added that the body of the appeal also had very slim chances, due to the fact that the original claim filed by the Respondent and accepted by the Magistrate's Court was based on clear decisions in previous proceedings (Civil Case 6234/06 and Civil Case 6618/04), whose instructions were not complied with by the Applicants.
- On September 9, 2025, the application for leave to appeal was filed before me, in which the Applicants argued, inter alia, the following claims:
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