Evidence
- The plaintiffs supported their claim by the affidavit of the testimony of Dean Wechter (plaintiff 2 who is a director of the company) and of Mr. Bnei David, the shareholder in plaintiff 3, as well as a director of the company. In addition, the plaintiffs supported their claim for damages in the expert opinion, CPA Moshe Sitton (hereinafter: "the expert opinion of Sitton").
- The defendants supported their defense by the affidavits of the main witness of Hannah Cohen - the legal advisor of the Bat Yam Municipality.
The defendants did not submit a counter-opinion to the opinion of CPA Sitton.
- The parties waived the examination of the declarants and agreed that the decision in the dispute would be based on the affidavits, documents, certificates of the public servant and summaries of the parties' claims.
The Controversial Questions
- The defendants' claims regarding the dismissal of the claim of plaintiffs 2-3 and the dismissal of the claim against defendant 2, all due to the absence of rivalry.
- Should the Municipality be attributed false representations and deception at any stage of the tender or the fulfillment of the contract that would be attributable to it a breach of agreement and accordingly obligated it to pay restitution and compensation?
- What is the amount of restitution to which the company is entitled? Is it entitled to restitution together with linkage differentials and interest from the date of payment until the date of restitution? (There is no dispute that the company received restitution together with linkage differences from the date of payment until the date of the restitution demand sent by the company to the municipality and not until the date of actual payment).
- Is the company entitled to any of the following compensation components, as it claims: compensation for interest expenses; payment of expenses for the promotion of the project and the planning of the project; payment of initiation fees to which the company undertaked; loss of business opportunities?
Discussion and Decision