The well-rooted rule in case law is that the deletion or dismissal of a claim in limine is a means taken without a choice, and a substantive resolution of any dispute on its merits is always preferable to dismissal it out of hand. This was also stated in the language of the court in Civil Case (Tel Aviv) 1029-09 Kad-Kav Building, Development and Roads (1990) in a Tax Appeal v. Bani Gaya Initiation and Investments in a Tax Appeal (published in Nevo, February 22, 2010):
"As is well known, the trend of case law is to prefer the factual clarification of the claim to its dismissal in limine, and to prevent a substantive decision on a threshold claim prior to such factual clarification (Civil Appeal 2517/08 Israel Credit Lines Supplementary Financial Services v. Nafta Israeli Oil Company in a Tax Appeal [published in Nevo] (2009); Civil Appeal Authority 8355/08 Sabari v. Tefahot Mortgage Bank of Israel in Tax Appeal [published in Nevo] (2008); Civil Appeal Authority 5270/08 Sonol Israel in Tax Appeal v. Sapad [published in Nevo] (2008)).
Against the background of this principle, I am of the opinion that even a lack of factual detail, insofar as it exists, does not justify dismissing the claim out of hand, especially since in principle, this alleged defect can be cured in other procedural ways, the result of which is less drastic.
In my opinion, to the extent that certain clauses in the statement of claim are worded in a general manner and without sufficient detail, this can indeed be corrected by providing additional details, a move that may fill in the missing arguments and thus make the request to delete the claim or parts thereof redundant (see in this context the decision of the Honorable Judge Binyamin Arnon inCivil Case 12676-02-09 Overseas Inc Blue Point v. Isramco Inc. et al. (2009))" [published in Nevo] (ibid., pp. 14-16 of the judgment).
In a recent decision in Civil Case 41642-01-12 Maor et al. v. Amishragas - Natural Gas in a Tax Appeal et al. [published in Nevo, dated 07/01/14), the Honorable Judge Dalia Ganot summarized the tests for deciding on the grounds of lack of cause: