With regard to the amount of the financial sanction, principles were also established in the case law: 'The determination of the amount of the fine should be done only for the purposes of section 6 of theContempt of Court Ordinance. As noted, the goal is not punishment but coercion. Too little will not achieve the goal of coercion. A sum that is too high will have a punitive element, and it may even miss the purpose of coercion.' (In the words of Justice Barak, as he was described at the time, Other Municipality Requests 24/78 Vitco Chemicals in Tax Appeal v. Salman, Piskei Din 33(3), 101, at p. 107; And see the application of this test inCriminal Appeal 8000/98 Mina v. Giovino, IsrSC 55 (4) 481, by Justice Y. Zamir).
- I am of the opinion that the imposition of a financial sanction should begin within a reasonable time, and not immediately. This stems from the need to allow the respondent adequate time for the purpose of preparing the affidavit. (The time was also set in view of the court's recess, on the one hand, and the fact that the respondent knew of his duty to prepare the affidavit and collect the accompanying documentation, for more than a year, on the other hand).
- In order for this sanction to be effective and deterrent, it should be determined that it will be gradual: the longer the respondent delays in carrying out the task imposed on him, according to the arbitrator's judgment, which was approved by the District Court, the more severe the financial sanction will be and the amount of payment will increase.
In the next stage, the applicants will be entitled to apply to the court once more - assuming that the respondent has not complied with the judgment until then - and then they will be entitled to petition the court to impose imprisonment on the respondent, since the financial sanction did not lead to the execution of the judgment.
In the operative part of this decision (the ruling), the amounts and periods will be precisely determined.
Attorney's Fees and Legal Expenses
- In the previous proceeding, I asked the parties' counsel to inform me of the amounts of money that the client(s) would pay to the lawyers. I did so in accordance with the directive of the President of the Supreme Court at the time, Justice Aharon Barak, dated February 6, 1998, which was published in IsrSC 51(1), p. 1. This information served as the basis for my award of attorney's fees in the previous proceeding, in which both parties' motions were filed to approve and annul the arbitrator's award (see: paragraph 15, supra).
- In the framework of the parties' summaries in the securities that are the subject of this decision, counsel for the parties did not provide me with any information about the attorney's fees, which is agreed between them and their clients.
- Therefore, in the absence of data from the attorneys and attorneys, I will award the attorneys' fees of the applicants, who were adjudicated, at my discretion, at the rate of about 1% of the amount of the debt appearing in the application (although I am aware that there are additional sums of money, which the respondent must pay, directly, to the institutional creditors: the Income Tax, National Insurance, the Gihon; see: the above in paragraph 10, in subsections a, b, and c).
פסיקתא
- I grant, in part, to the applicants' request inMiscellaneous Requests 7150/07.
- Adv. Yitzhak Mina will be appointed as a receiver to implement the judgment, after signing a guarantee, as required In the Regulation 391 to the SDA Regulations, according to the wording of Form 46, which appears Plus The first to the SDA Regulations.
Together with the letter of guarantee, Adv. Mina will submit, for my signature, the order appointing the receiver, according to Form 45, which will include all the conditions set out in this decision, when it is possible to copy some of the powers from the wording of Regulations 388 and 387C of the SDA Regulations. In any event, an explicit clause will be added in the wording of the appointment order, in which it will be stated that the realization and sale of assets will be done only after the approval of the court. These documents will be submitted within 7 days from today as I am on duty next week.
- I am responding to the request of the applicants IIMiscellaneous Applications Civil 8189/07As a result, I hereby instruct as follows:
The Respondent will submit the affidavit and documents and the documentation by Thursday, 4 Elul 5768 (4 September 2008) at 12:00 to the office of the Applicants' Attorney, all as written in the arbitrator's award (p. 37, paragraph 2; quoted above in paragraph 9).