At the same time, I reject Top Team's argument that in this matter cash flow should be taken into account, which takes into account the opening of additional branches. This is a matter that deviates from the four pillars of the contractual relationship that was established with regard to activity in Ashdod.
The parties must negotiate this matter by October 11,2026, and if they do not reach agreements, they have the option of taking any proceeding in accordance with the law in order to promote the said sale. I hope that they will be able to reach agreements. This is because if it turns out that one of them insisted on an insistence that is not economically reasonable, it will lead to litigation that will impose costs on that party, at the end of the day. These can be considerable, and that's a shame.
Additional Arguments
- As for Max's claim in its summaries that there are contradictions in Mr. Shimshon's version, the decision in this case was based, to a large extent, on the burden of proof. The basic burden of proving the claims in the franchise claim and in the Ashdod claim rests with Max-Stock - the plaintiff in these proceedings. It does not fall on Mr. Shimshon. And I am not under the impression that what is alleged against him in this matter changes the evidentiary picture. As stated, his version of events was consistently presented from the very beginning, and it was not concealed.
- Since I have found that the cancellation notice was given by Max Stock unlawfully, I am not required to decide whether it was given even with a delay, and what is the exact date on which Mr. Max knew about the allegation that Mr. Shimshon was allegedly involved in the establishment of the Super-Stock chain.
- In the other arguments raised by the parties, I did not find, as stated, justification for deviating from my conclusions.
The Result
- In light of the above, I state as follows:
- The lawsuit filed by Max in civil case 47423-07-18 is dismissed.
- The counterclaim filed in civil case 47423-07-18 is partially accepted, and this is against Max only. It will pay the counter-plaintiffs compensation in the amount of ILS 3,676,424 as of April 30,2018. The sum will bear shekel interest in accordance with the law from April 30,2018 until the date of repayment (30 days from the date of this judgment, days of recess). In the event that the amount is not paid by the repayment date, shekel interest and arrears fees will be added to the current fund, from the date of repayment until the actual date of payment, in accordance with the provisions of the Interest Rulings and Linkage Law, 5721-1961, including sections 5 and 5A
The defendant against Mr. Max will not be personally liable for this amount.
- Max's claim in civil case 51268-03-19 to force the separation mechanism in the Ashdod Agreement is rejected. At the same time, Top-Team will have to sell the shares of Max Ashdod, which it holds, to Max. In this regard, the provisions in paragraph 144 above will apply.
- In all matters relating to the expenses, Max must be charged with the expenses of the defendants and the counter-plaintiffs. This is while most of its claims were rejected, and the counterclaim was partially accepted. It should also be noted that the component of the counterclaim, which was dismissed, did not significantly change the expense map in the case. In any event, the counter-plaintiffs attached a breakdown of expenses in the amount of approximately ILS 1.081 million (including court fees and expert fees).
I determine that Max will bear:
- in the proportional portion of the fee payments (of the amount awarded divided by the amount claimed), inaddition to the shekel interest as of the dates of payment, and in accordance with the components specified in section 148(b) of the judgment with the necessary changes.
- at half of the expert's salary cost, with anadditional shekel interest as of the dates of payment, and in accordance with the components specified in section 148(b) of the judgment with the necessary changes.
- And taking into account the scope of the dispute, the breadth of the argument and the great complexity, I found that the defendants and counter-plaintiffs are also liable to pay the expenses of attorney for the defendants and counter-plaintiffs in the sum of NIS5,000,000 plus VAT. This sum will be paid within 30 days, otherwise it will be accompanied by shekel interest and arrears fees in accordance with the law until payment.
- I also found that the debtor must pay the expenses of the defendants and counter-plaintiffs who were required to study the many materials, in the sum of ILS 20,000. This sum will be paid within 30 days, otherwise it will be accompanied by shekel interest and arrears fees in accordance with the law until payment.
- The Secretariat is requested to provide a copy of the judgment to the parties, and to close the files.
- The right to appeal lawfully.
Granted today, August 13,2026, in the absence of the parties.