From the general to the individual
- As stated above, the plaintiff is petitioning, on the one hand, to deviate from the accounting determinations in the parallel proceeding, and on the other hand, it seeks to adopt substantive determinations in principle in the judgment in the parallel proceeding in the examination of the estoppel of her company.
As stated above, I have reached the conclusion that the plaintiff's position with respect to the delay in delivery should be accepted, and I determine that it was carried out on August 27, 2019.
As to the method of calculating the compensation, and taking into account the opinion of the court's expert, which was not contradicted either in the clarification questions on behalf of the defendant's counsel, nor in the framework of the plaintiff's cross-examination, I accept the expert opinion of Ron in full:
First, I determine that the area to be calculated will be net/main (and not gross), with a scope of 228.49 square meters.
In addition, I determine that the calculation of the rent for the years 2016-7 will be ILS 135 per square meter, while the calculation for the years 2018-9 will be ILS 160 per square meter.
Therefore, and since we are concerned with the delay in a period of 34.2 months, from October 21, 2016 to August 27, 2019, I order that the following calculation be made:
8 months * 135 ILS * 228.49 sqm * 1.5 = 370,154 ILS (for the period from 21 October 2016 to 21 June 2017).
+
6.3 months * 135 ILS * 228.49 sqm * 1.25 = 242,913 ILS (for the period between 22.6.17 and 31.12.17).
+
19.9 months * ILS 160 * 228.49 sqm * 1.25 = ILS 909,390 (for the period from January 1, 2018 until the date of delivery on August 27, 2019).
In total: ILS 1,522,457.
Conclusion and Conclusion
- Therefore, I order the defendant to pay the plaintiff the sum of ILS 1,522,457, with this sum bearing shekel interest from the date of filing the claim until the date of actual payment. The defendant will also bear the plaintiff's attorney's fees in the sum of ILS 75,000, and the expenses of the plaintiff's witnesses in the sum of ILS 2,500. The defendant will also bear the plaintiff's share of the court expert's fees, in the sum of ILS 11,800, as well as the fees of his appearance for the hearing in the sum of ILS 2,360.
For the avoidance of doubt, I will not comment on the payment of the plaintiff's expert's fees, given that the question arose from the outset regarding the submission of the opinion on the matter, as well as that it was not ultimately accepted. The defendant will also pay the plaintiff the fee for both halves as it was paid (ILS 59,586). The defendant will pay the plaintiff the aforementioned sums within 30 days, otherwise she will bear shekel interest in accordance with the law.