Civil Appeal 4612/95
In the Supreme Court sitting as a Court of Civil Appeals
Before: The Honorable Judge T. Or
The Honorable Judge T. Strasberg-Cohen
The Honorable Judge D. Beinisch
Appellants: 1. Itamar Matityahu
- Ilana Matityahu
Against
Respondents: 1. Jewish Shuttle
- Shtil Ran, 3. Shtil Zeev
- Advocates A. Toister & Co.
- Adv. Shai Twister
Appeal against the judgment of the Haifa District Court of June 5, 1995 in Civil Case 110/93 given by the Honorable Judge M. Slutzky
On behalf of the appellants: Adv. Daniella Gerzolin
On behalf of Respondents 1-3: Adv. Yom Tov Elkayam
On behalf of Respondents 4-5: Adv. Ofer Attias
Judgment
Justice T. Or: .1Appeal against the judgment of the Haifa District Court, in which the appellants' claim for compensation from the respondents was rejected. The Facts and Proceedings 2. Itamar and Ilana Matityahu (hereinafter: the appellants) were the owners of the rights. Lease for generations in part 86In Block 11564(hereinafter: Straightening). This is a plot in a registered area of 666 square meters, located at the intersection of Judges-Goshen streets in Kiryat Motzkin. per day 14.6.79Entered into a contract between the appellants and Stiel Building Contractors in a tax appeal (hereinafter: the Company) Combination Contract (hereinafter: the Contract). In the contract, the appellants undertook to grant the company some of the lease rights for generations that they had in the plot. In return, the company undertook to build a commercial and residential building on the plot, from which to deliver to the appellants three apartments of four rooms each, each of which would be no less than 100 sqm (Section 5)to the contract).
The parties determined that the exact part of the plot that the appellants would transfer to the company would be determined in accordance with the ratio between the area of the three apartments that the company undertook to deliver to the appellants, and the general construction, commercial and residential, area that would be built on the plot (section 2 to the contract).
The parties also determined, against the background of the existence of a plan for the construction of cottages on the top floor, that if the cottages were built, a cottage and two smaller apartments would be transferred to the appellants, so that the total area of the three apartments would be as follows: 300 square meters (the end of section 5to the contract).
- In the contract, the appellants undertook to grant an irrevocable power of attorney to the lawyers.
Eliezer Toister, Shlomo Toister and Shai Toister, who empowers the attorneys to do everything necessary for them to perform their obligations under the contract, obtain building permits, register the condominium and transfer the rights in the apartments. The power of attorney was signed on June 27, 1979.
- Approximately a year after the signing of the contract, an addendum to the contract was signed (hereinafter: the addendum to the contract), in which certain changes were agreed upon in the original contract. The reason for the change was a transaction that the company sought to enter into with Bank Binini Bank Ltd., a company controlled by Bank Leumi Le-Israel (hereinafter: the Bank). As part of this transaction, the original plan was changed to build a building on the plot that would contain a commercial floor on the ground floor and residential apartments on the floors above. The company and the bank agreed that the building that will be built there will have a branch of Bank Leumi, and above it there will be two apartments.
Against this background, the appellants and the company agreed on changes in the way the transaction was executed. In the fence