The experts also disagreed with regard to the relevant dates for the preparation of the assessment, with the defendant's expert, Mr. Cohen, noting that even before the judgment of the settlement agreement was given effect, it was not possible to advance construction on the land in light of the fact that the partition plan approved in the framework of the first agreement divided an existing dwelling, which turned out in the later proceedings that there was no agreement to divide or demolish it in the framework of the mutual claims between the members of the Levy family, as detailed above. Therefore, the date of approval of the settlement arrangement cannot be viewed as a determining date for the assessment matter.
Appraiser Cohen also emphasized that there should be no claim for loss of rent for houses that have not yet been built, since "the plaintiffs... Demand a loss of rent for residences... that have not yet been built and in practice are asking for a return on an investment that has never been made."
- the failures in the appraisal opinion on behalf of the plaintiffs, including the expert's admission of possible duplication and her inability to explain the duration of the damage, along with the detailed analysis of the defendant's expert, which is acceptable to me, They conclude that the plaintiffs did not meet the burden of proving the extent of the damage caused to them. Therefore, it is not possible to determine clear findings as to the extent of the alleged damage.
In addition, the plaintiffs' substantive claims regarding the theft of rights worth millions of shekels, as raised in the pleadings, were not supported by sufficient evidence beyond the flawed appraiser's opinion, and it was not clarified how the defendant's actions directly and exclusively led to these damages, especially given the previous planning and property limitations.
Summary:
- I have determined that as a rule, there is room to impose liability for negligence on a mediator in relation to injury to third parties who were not part of the mediation process in the appropriate circumstances.
However, I found that in our case these circumstances did not exist.