Therefore, when the defamatory publication was made in May 2012 after the respondent terminated his position as a trustee in February 2012, the respondent was not considered an officer for the purpose of applying the Sports Law to him, and he did not serve as an officer at the time the cause of action arose.
Discussion and conclusions
After reviewing the texts and considering the arguments of the parties, I decide to reject the application, as detailed below.
Lack of cause and absence of rivalry
Regulation 100 of the Civil Procedure Regulations, 5744-1984 provides as follows:
"The court or the Registrar may, at any time, order the dismissal of a statement of claim against the defendants, in whole or in part, on the basis of one of the following reasons:
(1) The writing does not show a cause of action";
The approach of case law with regard to dismissal a claim in limine is based on the premise that great caution must be exercised and that the court must take this step only in extreme cases, in which it is clear to the court that the plaintiff will not be able to obtain the requested relief on the basis of the arguments that establish the cause of action. Thus, other municipal applications 35/83 Leah Hassin v. Rachel Feldman, PD 37(4) 721, 724 were held:
"The settled rule is that the court will use its authority to dismiss a claim in limine under Regulation 105 of the Civil Procedure Regulations, 5723-1963, only in cases where it is clear that under no circumstances can the plaintiff receive, on the basis of the arguments that substantiate his claim, the relief sought. The court - when considering this possibility - will act very carefully and will use its authority only in extreme and exceptional cases. If the amendment of the statement of claim may prevent the need to delete a claim in limine, the plaintiff will be given the opportunity to amend his claim, and the claim will not be deleted.
In the present case, the request for deletion is based on the reason that, according to the aforementioned respondents, the statement of claim does not show a cause of action against them. In such a case, the rule is that the absence of cause must be discovered on the face of the statement of claim itself from reading the document and without investigation and demand for facts. It is sufficient that there is a possibility, even a slight one, that according to the facts, which constitute the cause of action, the plaintiff will receive the relief he is seeking, so that the claim will not be dismissed with hostility."