I will also note that the interrogation of Mr. Malikov (a bookkeeper in Paz and the person who issued the invoices in question) at the meeting of July 13,2025, does not lead to the conclusion that the defendant sought to reach.
- Given the aforesaid, it was proven that Phoenix paid Paz a sum of ILS 610,570 for the costs of reloading the fuel; it was not proven that Paz received the same cost from IEC as well; However, this does not help the plaintiffs, since, as stated, the claim should be dismissed in the absence of liability.
The Claims Regarding IEC Damages
- These are damages (direct and indirect) to the maritime link belonging to IEC.
According to the affidavit of Mr. Boaz Kanan on behalf of IEC, the total damage is ILS 917,856, and it consists of a number of items that were brought in his affidavit, to which supporting documents were attached.
- It should be noted that the appraiser on behalf of the defendant, Mr. Golan, confirmed damages in the amount of ILS 659,597 (p. 10 of his opinion), while most of the items that he did not approve (in the sum of approximately ILS 200,000 - paragraphs 2.6 to 2.8 of the table on page 10 of the opinion), related to labor costs that were not approved in light of the fact that they were carried out by IEC employees itself.
- After examining the evidence material, I found that IEC had proved to the required extent the amount of damage claimed.
The damage was duly detailed in Mr. Cohen's affidavit, and was well supported by the documents attached to the affidavit, when I did not find in the defendant's claims in her summaries (paragraph 84) to change this conclusion (it should be noted that more than once these claims related to sums that were approved as reasonable by the defendant's own appraiser - see, for example, an item in the amount of ILS 473,000, which was approved by the defendant's appraiser as reasonable, and in respect of which the defendant raised various claims in her summaries).
As for the costs of work performed by IEC employees, I will note that given the need to carry out these works, and the fact that their execution involved an investment of efforts and manpower resources, the fact that they were performed by IEC employees does not negate causing damage to IEC due to the cost of their execution.