Caselaw

Family file (Be’er Sheva) 50483-06-24 N.L. v. H.S. - part 14

July 24, 2025
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Finally , from all of the above, I order the dismissal of the claim. 

  1. In the framework of ruling on costs to the court, the scope of the proceeding must be taken into account, in which one pre-trial meeting and two meetings were held to record evidence, the parties testified and witnesses on their behalf testified, and the proceeding was conducted to the end. Written summaries were submitted.

The parties did not present any reference regarding the costs incurred and they should be considered as having left the decision on this matter to the discretion of the court (see: Claims after the Settlement of Litigation 42974-05-22 Anonymous v.  Anonymous 37 (November 10, 2024)).

"A costs ruling is intended to indemnify the opposing party for his expenses in the proceeding, taking into account, inter alia, the outcome of the proceeding, its complexity, the resources required to conduct it and the conduct of the parties - as stipulated in Regulations 151(a) and 153(c) of the Civil Procedure Regulations, 5779-2018 (hereinafter: the Regulations)).  The expenses are required to be reasonable and fair, and their rate must reflect a proper balance between ensuring the right of access to the courts and protecting the individual's property right, while maintaining equality between the parties (Regulations 152 and 151(b) of the Regulations)" - Civil Appeal Authority 2507/24 Amiran Lavon v.  Dr.  Shulamit Sharon et al.  (April 14, 2024).

In the circumstances of the case, I found that the sum of the expenses of the proceeding should be set at the sum of ILS 40,000, which will be paid by the plaintiff, within 60 days from today, otherwise the sum will bear linkage differentials and interest from the date designated for payment until the actual date of payment.

It is clear that the claim orders the closure of the case.

The Secretariat will provide the judgment to the parties.

Permits the publication of the judgment without identifying details.

Given today, July 24, 2025, in the absence of the parties.

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