In the same case, Justice Tova Strasberg-Cohen (according to whom President Aharon Barak and Justice Moshe Ilan agreed) brings a review of the case law on the issue of receivership, including the Roth and Bosmat cases (which I referred to at length above); see: Shem Tov, IsrSC 35(2), at pp. 621-623.
Thus, Justice Strasberg-Cohen summarizes the set of considerations that the court must take into account when a request for the appointment of a receiver is submitted before it, after the court has given its judgment (the Good name, Name, at p. 623, between the letters C-D):
"The concern about the ineffectiveness of the execution proceedings, which will not lead to the enforcement of the judgment, constitutes the most prominent and decisive consideration for such appointment. The court will consider, inter alia, the scope and nature of the charges; the need to collect the debtor's assets; the economic harm to the creditor if a receiver is not appointed, and the economic harm to the debtor if one is appointed; the value of the asset on which the receiver is supposed to be appointed versus the amount of the charge, and other considerations from various considerations. The court must also take into account the degree of burden that a receivership order will impose on a court that is overloaded with judicial work and the degree of intervention required by the court to enforce the judgment by the appointed receiver."
In practice, in that case, the argument was accepted that there was no reason to appoint a receiver, only for the following reasons: "... The Court [District] There was no substantive discussion on the matter and no examination of the justification for appointing the receiver in the circumstances of the case, when it comes to a financial charge, which is considerably smaller than the value of the property on which the receiver was appointed and which was ostensibly paid in respect of it through the execution mechanism; To this, it should be added that a foreclosure was imposed on the property, which was approved in the judgment." (פרשת Good name , Name, at p. 623, below - p. 624, opposite the letter A).