Caselaw

Civil Case (Tel Aviv) 58538-05-19 Michael Benz and 52 others v. Appeal of the Financial Case – Supreme Court Guy Nof - part 66

May 29, 2026
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The plaintiffs, the owners of the notional units to whom the said compensation is relevant, will not bear the defendants' expenses in respect of the claim.

  1. At the same time, and with all the understanding of the plaintiffs' frustration, their balance should be charged with substantially compensating the defendants for their expenses. Their own claim was, in fact, rejected in its entirety. The arguments presented contradicted the written agreements, and an attempt was made to pass on to the defendants the consequences of the risk that the plaintiffs had assumed.

The amount of expenses presented by the defendants' counsel was reasonable, taking into account that a very complex proceeding was required that included reference to fifty-three plaintiffs; To go through many thousands of pages of documents; to manage complex proofs, and much more.

In addition, significance should be attributed to the non-disclosure of the agreement by plaintiffs 43-44 according to which they sold their rights to their relative.

  1. Therefore, I determine that defendants 43-44, jointly and severally, will bear the expenses of the defendants' attorney's fees in the sum of ILS 60,000 (including VAT).

The remainder of the plaintiffs, with the exception of those mentioned in paragraph 222, will bear, jointly and severally, the expenses of the defendants in the sum of ILS 4 2,000 (including VAT).

  1. The secretariat is requested to send a copy of the judgment to the parties and close the case.
  2. The right to appeal lawfully.

Given today, May 29, 2026, in the absence of the parties.

 

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