| Tel Aviv-Jaffa District Court |
| Civil Case 24820-07-25 Bendt et al. v. Golan et al.
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| Before | The Honorable Judge Tamar Snunit Forer
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Against
| Decision
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- I have before me two motions on behalf of defendant 4 that will be discussed in the framework of this decision:
Request 4 - Order the dismissal of the statement of claim in limine due to non-payment of a sufficient fee.
Motion 5 - To oblige plaintiff 4 to deposit a guarantee to secure the expenses of defendant 4.
Background
- The matter of the action is a petition for a declaratory judgment according to which the defendants must bear the plaintiffs' damages as a result of the non-repayment of loans made by the plaintiffs to Nofim (which is not a party to the proceeding), in light of the defendants' liability towards the plaintiffs and their negligence in examining the representations presented to the plaintiffs and the collateral that was made available for repayment of the debt.
- In the statement of claim, it was claimed that the plaintiffs were private individuals (with the exception of plaintiff 4, which is a company owned by plaintiff 3) who made loans to Nofim in varying amounts between ILS 2-500,000, either by themselves or through a company they own, on the basis of representations made to them by defendant 1, whose business is in the management of assets and family wealth (Family Office), on behalf of Alumot Investment Portfolio Management Ltd. Later, Alumot was liquidated following merger proceedings. Defendant 5 Excellence Investment Management and Securities in a Tax Appeal is the company into which Alumot was eventually merged. Defendant 2 is a company in which one of the shareholders is a company owned by defendant 1, in which she also serves as a director. Defendant 2 acquired the wealth management activity of the Excellence Group, and accordingly the rights and obligations of the group were transferred in its favor. Defendant 3 is the law firm that represented the plaintiffs in the transaction. Defendant 4 is a company that served as a trustee in the transaction.
The Ottoman Settlement [Old Version] 1916According to the statement of claim in January 2021, when the loans were due to be repayed, it became clear to the plaintiffs that Nofim was unable to repay the loans and that the collateral it provided to the plaintiffs was insufficient. In January 2024, after negotiations, an addendum was signed to the loan agreement, in which the date for repayment of the loans was extended until January 26, and it was agreed that the debt collection proceedings would be frozen.