And the calculation that will be made between the parties will be only financial..
- As stated, these matters were finally agreed upon in the presence of Adv. Eliezer. The late Toister in his office, and only after these matters were finally agreed upon in the presence of the late Adv. Toister, did Mr. Matityahu agree that a mortgage would be registered in favor of the United Mizrahi Bank in a tax appeal on the real estate property on which the third apartment intended for the construction of the third apartment designated for the Blessed Sacrament was to be built in accordance with the appendix to the contract."
The trial court was willing to accept this version. His conclusions, as detailed above, were anchored in considerations of logic (the appellants' delay in their claim) and of law (the heavy burden of proof in the claims against the estate).
- A dispute arose between the parties as to who bears the burden of proving the claim regarding a waiver made After the conclusion of the contract. In my opinion, the burden of proving the said version rested with the respondents: it was the respondents who claimed that a new agreement had been perfected between the parties, which deviated from the written agreement, against the background of the fact that the company had repaid its debt to the appellants (see, for a similar conclusion, in the judgment of Justice Cheshin). Other Municipality Applications 530/89 Discount Bank v. Nofi, Piskei Din 47(4) 116). It should be remembered that "the principle is that every party who makes a substantive claim to his version in the trial bears the burden of persuasion to prove that claim. In other words, the laws of evidence follow the substantive law" (the words of Justice D. Levin) Civil Appeal Authority 1436/90 Giora Arad Management Company in Tax Appeal v. Value Added Tax Administration, Piskei Din 46(5) 101, 105).
Hence, it was the respondents who bore the burden of proving this claim. In view of the fact that the decision of the