Claims after the Litigation Settlement (Eshed) 5866-08-25 Anonymous v. Anonymous - part 13

For the purpose of carrying out the above, I order as follows:

1. The expert will submit Form 6 as required by the regulations, by March 16, 2026, and subject to this, his appointment will take effect.
2. Upon the entry into force of the appointment (and no later than March 18, 2026), counsel for the parties will provide the expert with the affidavits of the property they submitted to the court, together with a notice to the court.

• The expert will notify the parties within 7 days from the date of receipt of the affidavits (and no later than March 24, 2026) of the documents they must complete, along with a notice to the court.

1. The parties will complete the required documents within 7 days from the date of receipt of the expert's notice (and no later than March 31, 2026).
2. The expert will arrive at the companies' offices within 7 days from the date of receipt of all the data (and no later than April 12, 2026), will speak with the respondent, the employees and the accountant, and will be able to review any relevant document required for the purpose of preparing the opinion, regarding any period in relation to the company, including a period that began after the date of the rupture. The expert may visit any of the properties owned by the companies.
3. The opinion will be prepared according to both the cash flow discounting method and the fair market value method and will be submitted to the court within 45 days from the date of receipt of all the data and no later than May 30, 2026.

Fourth Remedy: Payment at the expense of the balance of resources

43. From a legal point of view, the precedent before us is that where it is possible to balance all the assets together, there is no room for a separate balance, as was ruled in other municipal applications 1692/97 Goldberg v. Goldberg (Nevo 25.6.1997)
44. From a factual point of view, in the matter before us, all that is required for the balancing of resources is the valuation of all the assets together. As for the plaintiff's claim regarding the creation of the balance required for the purpose of adequate legal representation, this is an unusual and unusual claim, in which no precedent has been brought.  The only matter that may make it more difficult to deposit payment in advance is the financing of the fees of experts on behalf of the court, in order to advance the clarification of the proceeding.
45. The conclusion is that in order to enable the financing of the expert's fees, the man will deposit in the court's coffers the sum demanded by the expert, in order to finance his and the wife's share of the legal fees. Specific instruction in this regard will be given upon receipt of the expert's notice regarding the amount of the legal fees.

Fifth Remedy: Proceedings under  the Contempt of Court Ordinance

46. This is a request that requires the opening of a separate proceeding, something that was not done here. It should be clarified more than necessary that when a foreclosure order was imposed on the vacation apartment, and assuming that it was registered at the Land Registry Office, it is not clear how the respondent advertises the property for sale, but it is clear that it will not be possible to sell it in practice.
47. It is further clarified that the decision according to which the parties will coordinate the date of use of this apartment is still standing. If the Applicant approaches the Respondent and announces that she wishes to make use of this apartment, he himself will not be able to make any use of it.  The Applicant did not attach to her application any document indicating that she contacted the Respondent on this matter and was denied it, so that for this reason as well, the application should not be required under the Court Zoning Ordinance.

In view of the above, the result is as follows:

1. The motion to add defendants is granted in part as detailed in section 28 above.
2. The request to appoint a special administrator or receiver or to impose an injunction is partially rejected and partially granted, as detailed in section 39 above.

• The request to appoint an investigative accountant on behalf of the court is accepted as detailed in section 42 above.

1. The request to transfer a payment on account of the balance of resources is partially rejected and granted in part, as stated in section 45 above.
2. The application under the Contempt of Court Ordinance is rejected subject to the provisions of section 4 7-46 above.
3. As for the expenses, while the claims in some of them were accepted and some of which were rejected, no charge will be imposed.

The Secretariat is requested to present this decision to the parties' attorney and CPA Expert T. and to write a reminder for March 17, 2026 for the purpose of reviewing Form 6 on behalf of the expert.