Therefore, the fee to which the plaintiff is liable is the fee that applies to a claim for monetary relief. For the purposes of the fee and in order to make the assessment procedures for the purposes of the fee redundant and in accordance with the plaintiff's notice as will be presented below, the requested financial relief was determined to be a sum of ILS 1,400,0000.
The Cause of Discrimination - A Normative Framework
- Section 191(a) of the Companies Law specifies the right of a shareholder in the event of discrimination:
"191. (a) If a matter of a company's affairs is conducted in a manner that constitutes discrimination against its shareholders, in whole or in part, or there is a material concern that it will be conducted in this way, the court may, at the request of a shareholder, give instructions that it deems necessary for the purpose of removing or preventing the discrimination, including instructions according to which the company's affairs will be conducted in the future, or instructions to the shareholders of the company, according to which they or the company will acquire subject to the provisions of section 301. Shares of its shares."
- The definition of the term "discrimination" was not explicitly given in the Companies Law. However, it has been widely interpreted in the Supreme Court's ruling, according to which discrimination occurs whenever the "legitimate expectations" of a plaintiff shareholder has been violated [see, for example: Civil Appeal 275/89 Davidson v. Orenstein, IsrSC 46(1) 125, 132 (1991) (hereinafter: "the Davidson case"); Zohar Goshen and Assaf Eckstein Corporate Law 322 (2023) (hereinafter: "Goshen & Eckstein")]. This is in accordance with the nature of the company and the totality of the circumstances of the case, and without a requirement that the conduct of the parties constitutes a breach of right [see: Davidson case, at p. 132; Goshen and Eckstein, at p. 322; Opening Motion 62497-12-19 Reiten v. Yamin et al., at para. 70 of the judgment of Justice Y. Sharvit [Nevo] (hereinafter: "the Reiten case")].
Words of Justice Strasberg-Cohen Other Municipality Applications 2699/92 Nissim Bachar v. T.M.M. Aircraft Food Industries (Ben Gurion Airport) Ltd., 50(1) 238 (1996) (hereinafter: "the Bachar case") illustrate the court's view regarding discrimination against the minority: