| Tel Aviv-Jaffa District Court | |
| Civil Case 24838-05-24 Fishman et al. v. Investment and Trade Cells in Tax Appeal et al.
08 January 2025 |
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| Before | The Honorable Associate Judge Yehudit Shevach | |
| Requesting | Gideon Fishman et al. , Attorney Itamar Cohen and Attorney Shlomi Nissim |
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| Against | ||
| Respondents | 1. Thai Investment & Trade Ltd.
2. Gal Lifshitz 3. Cuba Israel Properties Ltd. By Adv. Eyal Rozovsky, Adv. Doron Levy and Adv. Doreen Ardis |
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| Judgment
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A motion to add respondents 2 and 3 to the arbitration proceeding between the applicants and respondent 1 before the honorable arbitrator Judge (retired) Yaakov Sheinman.
- The 30 applicants, who at the relevant time were part of a group of owners of rights in the land in an area known as "The Western Complex" Inside "The Gra Compound" in Tel Aviv, petitioners to add respondents 2-3 as an additional party to the arbitration proceeding being conducted between them and respondent 1.
Respondent 1, Tai Investment and Trade in Tax Appeal (hereinafter - Tai), is also a holder of rights in the complex, it is a signatory to the sharing agreement, and its role in the project has been defined as "the group manager".
Respondent No. 2, an entrepreneur, is the sole shareholder of Thai, also a director, and the living spirit in it. (hereinafter: Lifshitz)
Respondent 3 is a real estate investment company, also fully owned by Lifshitz (hereinafter - Cuba ) and in whose name the remaining land in the western compound - the root of the dispute - was purchased.
The respondents object to what is sought.
- In the background, dozens of individuals who own rights in real estate in a sought-after area - Tel Aviv - and a common wish for their development. On 05.11.2014 A document was drawn up between the Applicants and Cell Documents, the main of which is a fee agreement entitled "A project in the Tel Aviv Railway Complex - Fee Settlement Summaries". In the document, Thai stated that
"Our firm is operating and will operate in the management of the western complex, in the formulation of the rights holders in the western compound for the signing of a sharing agreement, the formulation of the remaining rights holders in the adjacent compound for the signing of an agreement to promote a joint zoning plan that includes the western compound... Until it is approved... Accompanying and managing the issuance of a building permit for the project... And yes, accompanying the construction until receiving Form 4... For the aforementioned services, our firm will be paid a fee in the amount of 0.75% of the total value of the project after the completion of the construction... Plus VAT... This fee agreement will be attached to the sharing agreement to be signed between the owners";