Moreover, the plaintiff raises an argument to the contrary, since on the one hand, she argues that the output per 1 KW is "judicial knowledge" and on the other hand refers to other proceedings in which this or similar figure was determined by "various experts" (paragraph 64 of the plaintiff's summaries).
- The absence of any opinion regarding the nature and quality of the system - the plaintiff also refrained from attaching any opinion detailing the type of quality of the system that was agreed to be repaired on the defendant's roofs. The plaintiff, as a company specializing in the field, according to the plaintiff, refrained from presenting the output data of that system, as it was installed in the past, failures or problems that arose with that system, whether it is still installed today, or whether there is already another system that is being used.
- In this context, the plaintiff sought to rely on two judgments in which it was determined that each 1KW produces 1,650 kWh per year. The problem is that the same rulings in those judgments followed an opinion submitted by both parties in the same proceedings. It is certainly not possible to determine in the present proceeding, such a output on the basis of those rulings:
- Regarding the judgment in a civil case (Shalom Hai) 12019-07-16 David Neulander v. G Systems Solar Systems in a Tax Appeal (published in Nevo) where it was held:
"The opinion also included a calculation of an estimated annual loss in the years 2012-2015, based on the assumption that "the average output of a photovoltaic system in the Kfar Hasidim area is at least 1,650 kWh per kilowatt installed per year" and that "a system with a capacity of 16.24 KW (58 panels of 280 watts) produces an average of 26,796 kWh per year.”)emphasis added)
Moreover, the court also referred to the fact that in that case there was a dramatic decline in productivity over the years: "... (Q) There has been a dramatic decline in the system's output over the years, especially in the first year of the system's operation.")