(See: Civil Appeal 5602/03 Segal et al. v. Shikun and Open to Israel Ltd., paragraph 16 of the judgment of the Honorable Justice Arbel [published in Nevo]).
- In awarding compensation, I take into account that the construction defects impaired the plaintiffs' quality of life, and the extent to which they enjoyed the property they purchased with the best of their money.
In her testimony, the plaintiff described the difficulty in parking in the parking lot that was allocated to them, given that she is the mother of small children, and described the location and difficulties in the parking area (p. 37, paras. 1-9). This is an ongoing and daily injury. In this context, see, for the necessary changes, the ruling inCivil Appeal (Tel Aviv) 72818-05-19 Nissim Hannah v. Luxi Shoes 2000 Import and Marketing Ltd. 513055798 [published in Nevo] (08.06.2024)).
- In the circumstances of the case, weight must be given to the nature of the defect and the conduct of the parties. In our case, I am of the opinion that compensation for mental anguish should be awarded in favor of the plaintiffs.
- In view of the totality of the circumstances, I am satisfied that Shafir should be ordered to pay the plaintiffs, for mental anguish, the sum of ILS 8,500.
Legal Expenses and Attorney's Fees
- In this case, the plaintiffs seek to charge Shafir with expenses and attorney's fees.
On the other hand, Shafir seeks to charge the plaintiffs with expenses and attorney's fees, in light of the discrepancy between the expert's determination regarding the parking component - the sum of ILS 17,000 - and the opinion on behalf of the plaintiffs, which determined a depreciation of ILS 85,200.
- In my opinion, once the plaintiffs' claim was partially accepted, there is room to indemnify them for the expenses they incurred in order to conduct the proceeding before me, but at the same time I take into account the amount of the claim that was filed, and the amount of money that was awarded.
In the circumstances of the case, I place the amount of expenses that Shapir must pay to the plaintiffs at ILS 7,500 and the attorney's fees in the sum of ILS 12,500 (including VAT).