| Petah Tikva Magistrate’s Court |
| Civil Case 63760-01-22 Fischler et al. v. Haogenplast Projects (1970) in Tax Appeal et al.
Exterior Case: |
| Before | The Honorable Judge Limor Held-Ron
|
|
|
The Plaintiffs |
1. Joshua Fischler 2. Coron Industries (1991) inTax Appeal |
|
|
Against
|
||
| The Defendants | 1. The Ogenplast Projects (1970) inTax Appeal
2. The Ogenplast inTax Appeal |
|
Judgment
- I have before me a monetary claim in the sum of ILS 273,000 that arose from enrichment and not in a trial.
According to the plaintiffs, they assisted the defendants in obtaining funds from the "Binational Industrial Research and Development" fund (hereinafter: the BIRD Foundation or the BIRD Foundation), for the purpose of developing a project to cover plastic sheets with solar cells for the production of electrical energy over water reservoirs (hereinafter: the project or project), and therefore they are entitled Receive a certain percentage of these funds.
- Plaintiff 1 is an expert in energy engineering, who works through plaintiff 2.
Defendant 2 is a company that specializes, inter alia, in the development and production of advanced PVC products, and defendant 1 is a company whose shares are fully held by defendant 2.
For the sake of convenience, plaintiff 1 shall be referred to hereinafter as the plaintiff, and defendant 2 hereinafter referred to as the defendant.
The Facts in Summary
- The Bird Foundation is a binational fund for industrial research and development between Israel and the United States. On October 21, 2014, the defendant, together with an American company called Global Solar Energy (hereinafter: GSE), submitted an application to the fund for a grant for the purpose of carrying out the project, together with a detailed plan for the execution of the project (see Appendix G to the plaintiffs' affidavit, hereinafter: the original plan).
There is no dispute between the parties that the plaintiff assisted in the preparation of the original plan (the scope and nature of the assistance are not agreed, as will be detailed below).
In the original plan, it was determined that the plaintiffs would be employed as subcontractors or consultants at the stage defined in the plan, and their roles were also defined in advance (see pp. 30-39 of the original plan). Prior to the submission of the original plan, on September 15, 2014, a non-disclosure agreement was signed between the plaintiff and the defendant (Appendix F to the affidavits of the plaintiffs' main witness), but beyond that, no further agreements were signed between the parties.