2018 - 253, 977 ₪
248, 548 - 2019 ₪
As detailed above, the plaintiffs completed the receipt of the approval of the Ministry of Environmental Protection on April 30, 2019, i.e., a delay of two years from the date of completion of the payment of the consideration on April 30, 2017. The compensation for the financing expenses is limited only to the period of direct delay caused by the defendant's default, i.e., for only two years. A compilation of the financing expenses proven according to the approval of the accountants for the years 2017 (ILS 229, 921) and 2018 (ILS 253, 977) shows that the total financing expenses for these two years are approximately ILS 484, 000 and plus VAT a total of ILS 571, 120.
Additional damages
- The plaintiffs demanded additional compensation in the sum of approximately ILS 400, 000 for indirect and direct damages, such as: payments to environmental consultants, drilling, interest, commissions, and loss of return due to 'stuck capital' that they could not leverage for other transactions.
In this regard, a distinction must be made between expenses that have been proven to be valid and general claims that are liable to be rejected. The burden is on the plaintiffs to prove not only the damage but also its exact amount: the court is not entitled to estimate the damage by way of an estimate, where it is possible to lay out accurate data (see Civil Appeal 355/80 Anisimov Ltd. v. Tirat Bat Sheva Hotel Ltd., IsrSC 35(2) 800, (1981)). From the evidentiary basis laid by the plaintiffs, it was proven that the plaintiffs did indeed incur direct expenses for three complex surveys (a soil survey, an investigation expansion and a supplementary survey) conducted by the Green Wave Company, including drilling to a depth of 7 meters. These expenses were necessary in order to meet the requirements of the Ministry of Environmental Protection and as a condition for the realization of the building permit. Mr. Gadi Robinson, CEO of the Green Wave Company, testified about all the actions that the company carried out on the land in connection with the inspection of the land (and not in a nearby area as claimed by the defendant in the statement of defense), and I accept his testimony in full. The plaintiffs declared that the sum of ILS 100, 000 (plus VAT) was paid to the Green Wave Company and the executing entities, and that the defendant was obligated to compensate them for these expenses.
- As for the balance of the amount claimed at the head of this damage - the claims of 'stuck capital' in credit, interest payments, commissions and loss of work hours - are clear economic claims that should have been proven by means of financial statements or a well-founded accounting calculation. The plaintiffs did not do so. However, it is clear that the defendant's conduct caused them a loss of time and hassle related to the management of the approval process. I award these expenses by way of an estimate of ILS 40, 000.
Conclusion
- I accept the claim in part. The defendant must pay the plaintiffs the sum of ILS 729, 120, together with differences in shekel interest from the date the claim was filed.
- As for legal expenses - I have given my opinion to the amount of the claim and the amount that was finally awarded, and to the conduct of the parties. In the end, I found that the defendant should be obligated to bear the plaintiffs' expenses in the sum of ILS 50, 000.
Given today, July 27, 2026, in the absence of the parties.